Decision No. 1171/QD on the Management Regulations for Production Forests, Protective Forests, and Special-Use Forests

Pursuant to …;

Issuing management regulations for production forests, protective forests, and special-use forests

THE MINISTER OF FORESTRY

Pursuant to the Forest Protection Ordinance adopted by the Standing Committee of the National Assembly on September 6, 1972;
Pursuant to Decree No. 35-CP dated February 9, 1981 of the Council of Ministers stipulating the tasks, powers, responsibilities of the Minister and the functions of the Ministry in certain areas of state administration;
Considering the urgent requirements of forest management and utilization for the three types of forests: production forests, protective forests, and special-use forests;
At the proposal of the Director of the People's Forest Inspection Bureau,

Pursuant to …;:

Article 1. We hereby issue along with this Decision three sets of regulations:

- Regulations on the management and operation of production forests;

- Regulations on the management of protective forests;

- Regulations on the management of special-use forests.

Article 2. These regulations shall be applied to the management of forests throughout the country.

Any previous provisions that conflict with these three regulations shall be abolished.

Article 3. The Head of the Ministry’s Office, the Director of the People's Forest Inspection Bureau, the Heads of relevant Departments and Institutes, the Directors of Forestry Services, the General Directors of the Forestry-Agriculture-Industry Federation, the Raw Materials Paper Federation, the Timber Pile Federation, and the State Forest Farms are responsible for implementing this decision.

                                                                        The Minister

 

REGULATIONS

MANAGEMENT AND OPERATION OF PRODUCTION FORESTS
(issued pursuant to Decision No. 1171-QĐ dated December 30, 1986)

Production forests (code III) are forests and forest lands designated for the business production of timber and other forest products and specialties.

These regulations are issued to standardize the management and business operations of production forests, achieving high efficiency, and ending the arbitrary and wasteful exploitation of forests.

Chapter 1:

GENERAL PRINCIPLES

Article 1. Production forests are divided into four types:

- Large timber production forests;

- Small timber production forests;

- Bamboo and rattan production forests;

- Specialty production forests.

Article 2. Production forests are assigned to the Forestry-Agriculture-Industry Federation, the Raw Materials Paper Federation, the Timber Federation, forestry farms, cooperatives, agencies, units, and households for production and business purposes. They must implement specialized cultivation, intensive farming, and agroforestry integration to produce multiple products.

- For rich and medium forests, when harvesting forest products, they must follow the planning, plans, adjustment schemes, production designs, technical procedures, and annual targets set by the state.

- For poor and exhausted forests, they must quickly repair and improve them to enrich the forests; barren land and bare hills must be promptly reforested according to the planning and ensure economic objectives.

Article 3. All units and households granted land and forests by the state for use and business must comply with the guidance, inspection, and supervision of forestry authorities at all levels regarding state policies, systems, laws on forestry, and these regulations.

Chapter 2:

REGULATIONS ON THE ORGANIZATION OF MANAGEMENT AND BUSINESS OPERATIONS OF PRODUCTION FORESTS

SECTION 1. REGARDING THE ESTABLISHMENT OF FOREST MANAGEMENT MECHANISMS

Article 4. Throughout the current area of forests and forest lands of each provincial unit, forestry-industry-agriculture federation, and forestry farm, a management mechanism must be established based on the following three aspects:

a) Classification of forests:

It is necessary to determine on maps and in reality, clarify the location, boundaries, and area of production forests and forest lands, distinguishing them from special-use forests, protective forests, and other lands, to facilitate the organization of construction, management, and business operations of forests.

b) Regarding forest organization:

Production forests must be planned and determined in terms of purpose and direction of use and business operations to serve as the basis for planning, organizing production, and monitoring the use of forests.

1. For areas managed by the Forestry Industry, the entire production forest and forest land must be divided into units to unify management and business operations:

- A forestry farm is a basic economic unit of the Forestry Industry, tasked with managing and operating forests, and should be located within the territory of one district, with an average area of 20,000 hectares.

- A sub-farm includes several small forest zones, which is a level of forest management, managing the production plan of the forestry farm, with an area ranging from 4,000 to 5,000 hectares.

- A small forest zone is a basic unit for forest management, with an average area of 1,000 hectares.

- A plot is a unit for statistics of forest resources and annual production design, with an average area of 100 hectares.

- A compartment is a smaller unit of a plot, with an average area of 10 hectares.

2. For areas assigned to cooperatives, agencies, and other units for business operations, depending on geographical conditions, land, type of forest, rotation period, and management capacity, they may be divided into management units such as small forest zones, sub-farms, or even forestry farms. For newly assigned areas, they should be assigned according to the organizational structure of the forest.

c) Regarding management organization:

Based on the forest organization, personnel dedicated to forest management should be arranged:

- At the forestry farm: The Director of the forestry farm is the person ultimately responsible for the construction, management, and protection of forests at the farm. The Director delegates a Deputy Director specializing in forest construction, management, and protection, and organizes a department for forest management and protection to assist the Director in these matters.

- At the sub-farm: Arrange a Sub-Farm Manager with a bachelor's degree in forestry or long-term experience in forestry management, and dedicated personnel for forest construction, management, and protection.

- At the small forest zone: Arrange a Zone Leader with a bachelor's degree in forestry or experienced personnel in forest management and protection to directly carry out forest management and protection tasks at the zone.

The staffing of the dedicated personnel for forest management and protection mentioned above belongs to the staffing of the forestry farm. The salary costs of these staff members will be included in the product cost approved by the supervising authority.

Article 5. Each forestry farm, sub-farm, and small forest zone must have clear boundary lines, markers, and directional signs on-site, with maps and management records as prescribed by the Ministry.

PART 2. PRINCIPLES AND PROCEDURES FOR FOREST BUSINESS OPERATIONS

Article 6. - The inclusion of production forests in business operations must strictly comply with documents approved by competent authorities:

- Economic and technical justification,

- Management plans,

- Production design files,

- Procedures, regulations, and other provisions on forest business operations.

Article 7. The organization of timber harvesting in production forests must be carried out in three steps:

Step 1. Preparation of the forest and allocation of the forest for harvesting.

Based on planning schemes and management plans, logging units promote annual harvesting designs for their own units. Annual harvesting designs must be reviewed at the grassroots level according to the following procedures:

- At local logging units, the director of the logging unit leads the review process, with participation from the head of the forest management and protection department, heads of other technical departments of the logging unit, and the district forestry inspectorate - people's forest rangers; thereafter, the logging unit director reports to the Director of the Forestry Department for approval.

- At provincial forestry departments, logging units, and central-level forestry-industrial-agricultural associations and other units, the heads of these units lead the review process, with participation from the head of the forest management and protection department (at the provincial forestry department, this is the chief of the people's forest rangers) and heads of other technical departments of the unit; thereafter, the unit head compiles a report to the Ministry of Forestry for formal approval.

When the harvesting design is approved by the Ministry of Forestry along with the decision allowing the opening of the forest for harvesting, the logging unit director must hand over the harvesting area to the harvesting unit on-site with the harvesting design documents attached, accompanied by a forest transfer record for the harvesting unit to prepare for construction.

Step 2. Cutting and clearing the forest after harvesting.

Trees marked for cutting must be felled accurately; logs must be transported immediately upon felling. The maximum allowable time for transporting all logs out of the plot is not more than 20 days from the final felling of trees. If transportation capacity does not match felling capacity, further plots cannot be harvested.

After completing a plot, the forest must be cleared immediately. The maximum completion time for clearing the forest is one month from the date of transporting all logs out of the forest, or not more than one month and fifteen days from the final felling of trees in the plot.

Step 3. Inspection of the forest after harvesting.

The harvesting period is defined from the date of allocation to the completion of the inspection, which is one year starting from January 1 to December 31. In exceptional cases, it may be allowed to end no later than January 15 of the following year.

After completing harvesting, the harvesting unit must report to the logging unit director. Subsequently, the division manager, sub-district head, and harvesting team leader will inspect the site to verify the implementation of technical procedures, address any errors, compile a forest recovery record, and close the forest.

Article 8. In selective cutting methods, strict adherence to the harvesting technical procedures issued by the Ministry is mandatory, with harvesting intensity varying based on slope and yield structure:

- For slopes up to 25 degrees, the yield should not exceed 25% of the forest stock.⁰ to 30⁰The yield shall not exceed 25% of the forest reserve.

- For slopes above 30 degrees, the yield should not exceed 15% of the forest stock.⁰ The yield shall not exceed 15% of the forest reserve.

Forest plantations intended for harvesting must be based on technological maturity age, but for natural mixed forests, maintenance cycles must be ensured.

Article 9. Areas of forest designated for improvement, thinning, and replanting must be specifically designed according to the technical procedures and regulations issued by the Ministry of Forestry and must be reviewed by the managing authority before implementation.

After the initial care phase, areas of planted forests must be inspected and evaluated for quantity and quality.

Natural forests and planted forests that have died, been burned, or severely cut down must be specifically identified by the liquidation committee for responsibility determination and data adjustment.

The liquidation committee is convened and chaired by the superior managing authority, with representatives from financial institutions, banks, local forestry inspectorates - people's forest rangers, and the operating units of the affected forest areas participating.

Article 10. Forestry-industrial-agricultural associations, logging units, agencies, units, and cooperatives assigned land and forests by the State for business operations must annually register the status of forest areas, resource changes, and forest management and business activities with the specialized agency responsible for forest management and protection at the district level (forest inspectorate - people's forest rangers) for recording in the forest management ledger and reporting upwards through the forest protection management system. For associations operating across multiple districts, resource status registration must be done according to each district's territory.

Areas of forests and forest lands not yet allocated for use and business operations must be registered by the village forestry board with the district forestry inspectorate - people's forest rangers.

Article 11. Every five years, units assigned land and forests for management and business operations must conduct a comprehensive survey of forest resources to assess the status, volume of forests, and the effectiveness of forest management and business operations, serving as a basis for developing appropriate management plans in line with resource conditions and organizational management.

Article 12. Production forests allocated to agencies and units for harvesting (on a logging unit scale) must fully implement Articles 6, 7, 8, and 9 above. Specifically, the harvesting design must be approved by the Provincial Forestry Department. During preparation and execution, technical procedures must be followed.

For cooperative forests reaching the harvesting stage, they must also be guided and inspected by the local forestry inspectorate - people's forest rangers and must adhere to harvesting technical procedures.

Chapter 3:

RESPONSIBILITIES AND LIMITS OF AGENCIES AND UNITS ENGAGED IN PRODUCTION FOREST BUSINESS OPERATIONS

PART 3 RESPONSIBILITIES OF FOREST-LIVESTOCK-INDUSTRIAL COOPERATIVES AND FOREST ZONES

Article 13. Forest-livestock-industrial cooperatives and forest zones are responsible for managing, constructing, and protecting their own forest capital according to the appropriate regulations and procedures as with other types of assets managed and protected by the State for these cooperatives and forest zones.

The General Directors of forest-livestock-industrial cooperatives and the Directors of state-owned forest zones must organize an assessment of forest resources when preparing to change jobs to determine the effectiveness of forest management and business during their term and hand over such resources as fixed assets; if there is any loss, the former Director must report clearly and bear responsibility.

The Director of the Forestry Department and the Chief of the People's Forest Protection Service must monitor, inspect, and witness the assessment of forest resources and determination of the effectiveness of forest management and business during the term of the General Director of the forest-livestock-industrial cooperative and the Director of the forest zone.

Article 14. Forest-livestock-industrial cooperatives and forest zones:

- Must take measures to prevent all actions that cause forest fires, slash-and-burn deforestation, indiscriminate logging, forest pests, illegal encroachment on forests, and indiscriminate hunting of forest animals;

- Shall not allow forest areas to be lost or forest land to deteriorate but must ensure that forest resources continue to develop;

- Must submit full products to the State as prescribed;

- Must take measures to participate in building local economies such as attracting labor for forestry work, promoting permanent settlement, etc., contributing to the development of the local economy.

Article 15. The General Director of the forest-livestock-industrial cooperative and the Director of the forest zone must ensure that the heads of forest protection departments, foremen of forest divisions, and small area chiefs have the right to retain their opinions before the General Director and Director regarding actions contrary to economic and technical justifications, business plans, production designs, procedures, norms..., and report them to higher management authorities.

PART 4 RESPONSIBILITIES AND RIGHTS OF ORGANIZATIONS, UNITS, COOPERATIVES, AND HOUSEHOLDS IN THE USE AND BUSINESS OF FORESTS

Article 16. Organizations, units, and cooperatives assigned land and forests by the State for business operations must strictly comply with forestry policies, laws, the provisions of this regulation, and other provisions stipulated when assigning land and forests.

Article 17. They must organize the construction, management, and protection of the assigned forest areas and forest land, preventing the cutting down of forests and the deterioration of forest land, and quickly and fully bringing the aforementioned areas into production to achieve clear economic benefits.

When it is necessary to reclaim the forests and forest land already assigned, the State will consider compensating for losses from constructions built on the land or may exchange for another area for use.

Article 18. Organizations, units, and cooperatives receiving land and forests for business operations, guided or invested by the State for the construction of fire prevention and firefighting facilities, pest control, seedling nurseries, etc., as well as training forestry technicians, are allowed to utilize the land for combined agriculture and forestry, utilize forest products and waste materials not purchased by the State, and enjoy all timber and other forest products grown on the land.

Article 19. Households assigned land and forests to establish forest gardens must strictly comply with forest protection regulations, use the assigned land and area correctly, fully utilize the assigned area, and not leave it idle, sell, swap, or mortgage the forest garden land.

Article 20. - Households enjoy all products produced from the forest garden, and inherit products grown on the forest garden by the family.

In cases where others illegally occupy land or cut down trees, they will be handled according to current laws.

Chapter 4:

INSPECTION AND AUDIT OF COMPLIANCE WITH REGULATIONS ON THE USE AND BUSINESS OF PRODUCTION FORESTS

Article 21. People's Committees and forestry agencies at all levels are responsible for inspecting and auditing the situation of the use and business of production forests within their management scope.

Specialized agencies responsible for forest protection (People's Forest Protection Service, People's Forest Protection Branches, People's Forest Protection Stations) are responsible for inspecting and auditing the implementation of principles, procedures, and responsibilities of agencies and units inside and outside the forestry sector regarding the use and business of production forests.

Foremen of forest divisions and Small Area Chiefs assist the General Director of the forest-livestock-industrial cooperative and the Director of the forest zone in supervising and regularly inspecting all activities of the forest zone such as harvesting, maintenance, improvement, care, thinning, and planting forests within their division and small area according to the approved production design to prevent errors and handle or propose higher authorities to handle violations.

Article 22. Inspections and audits aim to identify, prevent, and address phenomena.

- Production designs approved by competent authorities but implemented units violate the designs. This responsibility lies with the implementing unit. Therefore, the Small Area Chief, Foreman of the Forest Division, or higher-level forest management agency shall record and require corrections and not accept acceptance.

If the principles and procedures for forest business stipulated in Chapters II and III are not fully complied with, resulting in the destruction of forests, this responsibility lies with the Heads of agencies and units engaged in forest business. In such cases, specialized agencies responsible for forest protection at all levels shall record and have the authority to decide to suspend forest business in that area; simultaneously, examine the responsibility and effectiveness of forest business of the head of that unit to handle or propose higher authorities to handle according to the law.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 23. - Based on this Regulation, Forestry Departments, forest-livestock-industrial cooperatives and forest zones, and organizations, units, and cooperatives assigned production forests for business need to have specific comprehensive plans to ensure strict compliance with this Regulation in their units and localities.

Article 24. - Violation of any provision of this Regulation will be handled according to the Forest Protection Ordinance. In serious cases, criminal responsibility may be pursued as stipulated in the Penal Code.

REGULATIONS

MANAGEMENT AND USE OF PROTECTIVE FORESTS
(issued pursuant to Decision No. 1171-QĐ dated December 30, 1986)

Protective forest (code II) is forest and forest land designated for protecting against harmful weather factors, preserving the environment, and maintaining ecological balance.

Chapter 1:

GENERAL PRINCIPLES

Article 1. The protective forest area is established with the primary purpose of utilizing its protective functions.

Although protective forest areas may serve multiple protective purposes, for management, protection, and construction convenience, they should be categorized into three types based on their different purposes but similar topography, impact measures, and organizational management: upstream protective forests, windbreak and sand prevention forests, and wave-blocking forests.

Protective forest areas must be established for long-term stability; any change in their purpose must be approved by the authority that originally established them.

Article 2. Regardless of which level of government, department, or organization manages, protects, and constructs a protective forest area, it remains national forest capital under unified state management.

Article 3. Each protective forest area must have a management body and be divided into basic management units with an average area of 1000 hectares called sub-districts, which must be used for the specific purposes determined at the time of establishment.

Chapter 2:

ORGANIZATION OF CONSTRUCTION AND MANAGEMENT OF PROTECTIVE FOREST AREAS

Article 4. Classification of protective forest areas.

a) Upstream protective forest areas: regulate water sources to mitigate floods; provide water for streams and lakes during dry seasons; prevent soil erosion and sedimentation in rivers and lakes.

b) Windbreak and sand prevention forest areas: block the adverse effects of wind and storms, stop mobile sand to protect villages, farmlands, roads, etc., and transform sandy areas into arable land.

c) Wave-blocking forest areas: prevent waves from damaging coastal structures, stabilize sediment deposits to form new land...

Article 5. Within protective forest areas, forested areas must be protected, and non-forested areas must be afforested or fenced for nurturing to achieve the defined protective goals as follows:

a) For upstream protective forests, fully utilize site conditions to create mixed-age, multi-layered, dense forests with deep and firmly rooted trees, large canopy coverage of 0.6, and thick litter layers.

b) For windbreak and sand prevention forests, there must be at least two main belts each 20 meters wide, combined with auxiliary belts to form enclosed zones, each belt consisting of multiple rows of different species or age groups with overlapping canopies both horizontally and vertically.

c) For wave-blocking forests, there must be at least two belts each 30 meters wide, with overlapping canopies, and the belts must be staggered according to the direction of the main waves.

Article 6. Depending on the size, importance, and location of each protective forest area, the authority to decide on establishment is分级如下：

a) At the proposal of the Ministry of Forestry, the Council of Ministers decides on areas with an area of 50,000 hectares or more, or smaller but of special importance to national interests, located within the territory of multiple provinces.

b) The Minister of Forestry decides on areas with an area from over 10,000 hectares to under 50,000 hectares and areas within forestry-industrial-agricultural associations, state-owned forestry enterprises directly under the Ministry.

c) The Chairman of the People's Committee of the province decides on areas with an area from 5,000 hectares to 10,000 hectares or protective forests located within the territory of multiple districts (or equivalent level).

d) The Chairman of the People's Committee of the district decides on areas with an area less than 5,000 hectares located within the territory of the district.

Article 7. The organizational structure for managing protective forest areas is stipulated as follows:

a) For areas as specified in point a, Article 6, a management board directly under the Ministry of Forestry shall be established.

b) For areas as specified in points b and c, Article 6, a management station directly under the provincial forestry department shall be established.

For protective forest areas within associations, forestry enterprises, agricultural enterprises, companies, armed units, etc., the heads of these agencies shall be responsible for organizing management, protection, and construction according to approved economic and technical justifications and plans.

For protective forest areas within the scope assigned to communes, cooperatives, the Chairman of the People's Committee of the commune shall be responsible for organizing management, protection, and construction under the guidance of the local people's forest inspection agency.

Chapter 3:

MANAGEMENT REGIME FOR CONSTRUCTION AND UTILIZATION OF FOREST PRODUCTS

Article 8. All measures affecting protective forest areas must comply with approved economic and technical justifications (or investment projects), plans, and designs, and must adhere to current forestry regulations, procedures, and laws. Absolutely no unauthorized deforestation, shifting cultivation, or forest fires shall be permitted in protective forest areas.

Article 9. Each year, the head of the sub-area must compile a list of tasks to be carried out in the following year's sub-area, report it to the director of the management boards or stations or the head of the agencies managing the protective forest areas to develop plans and designs for approval by the competent authority.

Article 10. Approval of plans and designs must be completed at the latest by the third quarter of the preceding year and is分级如下：

a) The Ministry of Forestry approves plans and designs for management units of protective forest zones, protective forests within associations, companies, and forestry farms under the Ministry's jurisdiction, and compiles comprehensive files on protective forests of the Provincial Forest Departments.

b) The Provincial Forest Department approves designs and plans for management stations of protective forest zones, associations, forestry farms, and agencies under provincial management, and compiles comprehensive files on protective forests of People's Forest Ranger Units.

c) People's Forest Ranger Units confirm designs and plans for protective forest zones managed by communes and cooperatives and compile them to submit for approval by the Provincial Forest Department.

Article 11. - The head of a forest ranger station is responsible for guiding and supervising units, groups, and individuals working in their own station according to approved plans and designs, inspecting and confirming after completion of work, and has the authority to halt actions that deviate from the approved plans and designs or that are deemed seriously harmful to the protective capacity of the forest zone.

Article 12. Exploitation of forest products in protective forests:

a) In upstream protective forests during the nurturing process, trees with excessive density, old trees, diseased trees can be thinned out, seeds and specialty products can be harvested, and in areas with abundant resources, main forest products may be exploited at a cutting rate not exceeding 20%.

b) Windbreak and anti-sand forest areas that have closed canopies and have fully developed their protective functions may be pruned or harvested in rows but replanting must be carried out immediately in the next planting season.

c) Main forest products exploitation shall be designed, special products exploitation shall be planned; such designs and plans must be approved in the previous year.

Chapter 4:

MANAGEMENT COSTS FOR THE CONSTRUCTION OF PROTECTIVE FORESTS

Article 13. Staff members under the management boards and stations of protective forests who belong to the forestry workforce, workers from various teams for forest production, forest product utilization, construction, etc., who do not belong to the forestry workforce, shall have their costs covered by the forest breeding fund.

Article 14. Staff managing protective forests within the planning scope of relevant agencies, who belong to the establishment of those agencies, shall have their costs covered by the forest breeding fund.

Article 15. For protective forests assigned to cooperatives, the cooperatives shall appoint personnel to manage, protect, and construct using cooperative funds. In places with difficult natural conditions where significant investment is required for afforestation, the State will provide partial funding from the forest breeding fund.

Article 16. Large-scale protective forests serving national interests, the sectors and agencies benefiting from the outcomes of these protective forests shall bear responsibility for contributing to the costs of management, protection, and construction.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 17. Rows of trees, strips of trees, hills of trees, although having protective functions and currently performing protective roles, do not possess long-term stability,

if not designated by the State as specialized protective forests, they do not fall under the application scope of this Regulation.

Article 18. Individuals or organizations violating this Regulation shall be dealt with according to the Forest Protection Ordinance. Serious violations may result in criminal liability as stipulated in the Penal Code of the Socialist Republic of Vietnam.

REGULATIONS

MANAGEMENT OF SPECIAL PURPOSE FORESTS
(Issued pursuant to Decision No. 1171-QĐ dated December 30, 1986).

Special purpose forests (code I) are forests and forest lands designated by the State to protect nature, historical relics, health, conduct scientific research, or serve other special purposes as specified in Article 3 of the Ordinance on Forest Protection.

Chapter 1:

GENERAL PROVISIONS

Article 1. Special purpose forests are components of the national forest capital, established for the following objectives:

- To conserve different forest habitat models;

- To conserve forest animal and plant genetic resources;

- To conserve forests of scenic, cultural, historical, and health value;

- To conduct scientific research, education, and training.

Article 2. Criteria for selecting special purpose forests:

- Areas still retaining primary forests or minimally disturbed, representing different forest ecosystems of the country;

- Forests currently serving as habitats for scientifically or economically valuable animals and plants;

- Forests containing historical or cultural sites ranked by the State;

- Forests with distinctive scenery, environmental protection functions, recreational facilities serving large residential centers, resorts, or industrial zones.

Article 3. Special purpose forests are managed uniformly by the Forestry sector and classified and managed at different levels as follows:

1. National parks are comprehensive conservation areas for the protection of nature, scientific research, cultural heritage preservation, and tourism services. National parks are managed and constructed by the Ministry of Forestry.

2. Natural conservation forests are scientific research areas preserving animal and plant genetic resources, which may be open for scientific research but not for extensive tourism or cultural activities. Depending on their size and importance, natural conservation forests are managed by the Ministry of Forestry or by provincial People's Committees responsible for management and construction. Special purpose natural conservation forests within integrated forestry-agricultural-industrial associations are managed and constructed by the Forestry sector.

3. Cultural and environmental protection forests are areas with historical and cultural sites and scenic landscapes of aesthetic or environmental value, serving tourism, recreation, and rest. These forests are managed uniformly by the Ministry of Forestry and may be delegated to related sectors for management and construction based on their size and characteristics.

Chapter 2:

PRINCIPLES OF ORGANIZATION AND CONSTRUCTION OF SPECIAL PURPOSE FORESTS

Article 4. Each special purpose forest is established by a decision of the Prime Minister based on proposals from the Minister of Forestry and the Chairpersons of Provincial People's Committees with forests.

Article 5. Each special purpose forest generally must be divided into zones and sub-zones.

Large national parks, natural conservation areas, and cultural and environmental protection areas are divided into functional zones, including three types of functional zones:

- Strictly protected zone.

- Buffer zone and ecological restoration zone.

- Service, administrative, production, and recreational zone.

Small cultural and environmental protection forests of several hundred hectares do not apply the above division and only organize a single unified management zone.

A national park or natural conservation forest may have one or more strictly protected zones. Between these zones or surrounding them, buffer zones (referred to as buffer zones) may be arranged.

The service and administrative zone must be located far from strictly protected zones.

The division of zones into sub-zones must be based on the ecological homogeneity and ease or difficulty of management and protection.

Article 6. Each special purpose forest must have an economic and technical justification or investment project approved by the competent authority after obtaining opinions from the Ministry of Forestry and related localities.

Article 7. The basic content of the economic and technical justification or investment project must include:

- Basic situation, assessment of natural resources, cultural, historical, and scientific resources; other potentials of the forest area.

- Economic and social issues in the region where the special purpose forest is planned.

- Current land use situation.

- Objectives for establishing the special purpose forest classification - name.

- Division of functional zones, sub-zones, layout of transportation networks, and facilities.

- Layout of management and protection networks.

- Plan and program regarding speed - direction - labor, materials, capital requirements.

- Propose necessary measures for production redirection - coordination of responsibilities among sectors and localities.

- Effectiveness (estimated economic, cultural, environmental and other aspects effectiveness).

- Allocation and delegation of implementation.

Article 8. Areas designated as special-use forests, if for special reasons it is necessary to change their purpose and classification, must be decided by the Council of Ministers.

Article 9. National parks establish management boards and protection stations pursuant to the decision of the Minister of Forestry.

Other special-use forest areas establish management boards or protection stations pursuant to the decision of the Chairman of the Provincial People's Committee where the forest is located.

For special-use forest areas within forestry-agricultural-industrial complexes, the Minister of Forestry shall issue a decision to establish the management board of the special-use forest area.

Article 10. The staffing of the forest protection management apparatus of special-use forest areas is drawn from the total staffing of the people's forest rangers.

Chapter 3:

TASKS AND LIMITATIONS OF THE HEAD OF THE SPECIAL-USE FOREST MANAGEMENT AGENCY AND TASKS AND LIMITATIONS OF THE SUB-DISTRICT HEAD

Article 11. The Director of the National Park, the Head of the Management Board of the Natural Conservation Forest Area or the Head of the Management Station of the Cultural Forest and Environmental Protection Area is the head of the special-use forest management agency responsible to the Minister of Forestry and the Chairman of the Provincial People's Committee where the forest is located for the entire organizational operation situation of the assigned special-use forest area.

The head of the special-use forest management agency is responsible for:

- Preparing economic and technical justifications or investment projects for the special-use forest area.

- Organizing the implementation of approved economic and technical justifications or investment projects so as to achieve the objectives of the special-use forest area while utilizing other benefits of the forest area and reducing state budget expenditures.

- Drafting internal regulations and organizing their implementation throughout the assigned forest area.

- Managing activities and directly commanding sub-district heads.

- Reporting fully, promptly, and accurately to the competent authority.

Article 12. Each special-use forest sub-district is directly managed by a Sub-district Head under the guidance of the head of the management agency. Important sub-districts may have some assistants.

Article 13. The Sub-district Head of the special-use forest has the following tasks and powers:

1. Closely monitor the forest situation, wildlife, plant conditions, and other resources in the sub-district through establishing a sub-district profile and maintaining a sub-district journal.

2. Organize forest patrols, inspections, and control, guide those permitted to enter the forest. Prevent illegal deforestation, tree cutting, unauthorized extraction of forest products, encroachment on forest land, and violations of restricted forest zone regulations.

3. Organize fire prevention, firefighting, and pest control activities.

4. Organize the prevention of hunting and fishing in prohibited areas.

5. Coordinate with superiors to implement planning and management schemes, protection plans, and expansion plans approved for implementation within the sub-district.

6. Coordinate with neighboring sub-districts to perform common tasks of the entire special-use forest when necessary.

7. Organize mass forest protection forces within the jurisdiction (if applicable) and train this force.

8. Prepare records and temporarily detain evidence of violations to report to the Director for handling.

Chapter 4:

PRINCIPLES FOR MANAGING AND PROTECTING SPECIAL-USE FORESTS

Article 14. The boundaries of special-use forests must be marked by a solid system of boundary markers.

All resources within special-use forests must be thoroughly surveyed, recorded in profiles at both the forest area and sub-district levels, and must be reflected on maps.

All developments in forest activities and sub-district special-use forests must be recorded in forest and sub-district journals and must be presented for review by superiors when necessary.

Article 15. All activities and movements within special-use forests must comply strictly with general and specific internal regulations of each functional zone.

Basic provisions to apply in special-use forest internal regulations:

1. In all special-use forests, hunting of wild animals in any form or means is prohibited; forest fires are also prohibited.

2. For strictly protected zones:

a) No alteration of the natural landscape of the forest is allowed.

b) Free-ranging livestock is not permitted.

c) Bringing animals and plants from elsewhere into the forest is not allowed.

d) Uncontrolled fires are not permitted. Fires can only be lit in designated areas.

e) Environmental pollution or actions harmful to the normal life of species is not allowed.

g) Conducting scientific research or sampling without permission is prohibited.

h) Persons outside the special-use forest management board are not allowed to freely enter or stay overnight in strictly protected zones without permission.

i) Carrying weapons or explosives into the protected zone is not allowed.

3. For buffer zones:

a) Forest clearing, planting, and restoration work to restore the forest landscape according to approved economic and technical justifications or investment projects can be carried out.

b) Clear-cutting of trees is not allowed.

c) Overnight camping is permitted.

d) Clearing forests for shifting cultivation is not allowed.

4. For service-production zones:

a) Construction of permanent facilities, roads, bridges, and culverts for the management board staff and visitors can be conducted.

b) Harvesting certain forest products such as mushrooms and medicinal plants from a list specified by the management board is allowed.

c) Livestock raising and farming activities can be conducted.

d) Fishing using permitted methods is allowed.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 16. All previous provisions contrary to these regulations are hereby abolished.

Article 17. Individuals or organizations violating this Regulation shall be dealt with according to the Forest Protection Ordinance. Serious violations may result in criminal liability as stipulated in the Penal Code of the Socialist Republic of Vietnam.