Decree No. 119/2016/NĐ-CP On Certain Policies for Managing, Protecting, and Sustainably Developing Coastal Forests to Address Climate Change

DECREE

On certain policies for management, protection, and sustainable development of coastal forests to respond to climate change

rừng ven biển ứng phó với biến đổi khí hậu

 

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Forest Protection and Development Law dated December 3, 2004;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on Marine Resources, Environment, and Islands dated June 25, 2015;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree on certain policies for management, protection, and sustainable development of coastal forests to respond to climate change.

Article 1. Scope of Regulation

Article 1. This Decree stipulates certain policies for management, protection, and sustainable development of coastal forests to respond to climate change.

Article 2. Coastal forests under this Decree include special-use forests, protective forests, and land planned for planting protective and special-use forests in coastal and island areas (hereinafter referred to as coastal forests).

Article 2. Applicability

This Decree applies to agencies, organizations, households, individuals, and community residents within the country; overseas Vietnamese and foreign organizations and individuals engaged in activities related to the management, protection, utilization, and development of coastal forests in Vietnam.

Article 3. Management of coastal forests

Clause 1. Localities shall review and convert areas of land along the coast that have been planned for planting production forests or belong to other types of land that are currently suffering from erosion or severe impacts of sand movement, to plant protective coastal forests. In cases where coastal forests have been allocated to households or economic organizations but are important for responding to climate change, the State shall consider reclaiming, purchasing, or compensating the value of assets invested by those households or organizations according to the provisions of the law to plan for planting protective coastal forests.

Clause 2. Localities shall organize reviews and transfer construction projects that affect or pose a risk of affecting the protective functions of coastal forests out of areas designated for weak and very weak protective coastal forests and coastal protection zones. For areas of land planned for protecting and developing coastal forests but which users have illegally converted the purpose and have been administratively punished for using land improperly and continue to violate, the State shall reclaim the land.

Clause 3. Investment projects involving changes in the purpose of use of coastal forests and forest land shall be implemented in accordance with the laws on forest protection and development and land.

Article 4. State investment policies in the management, protection, and development of coastal forests.

Clause 1. Local budgets shall ensure funds for the management, protection, and development of coastal forests according to approved plans and budgets and the provisions of the state budget law, including:

Point a) Inventory of forests, forest surveys, and monitoring of forest resource changes;

Point b) Organization of allocation and leasing of coastal forests;

Point c) Operations of the management boards of special-use forests and coastal protective forests established by competent state authorities;

Point d) Propaganda, education; encouragement of forestry; enhancing capacity and awareness about the role and functions of coastal forests in responding to climate change;

Point đ) Research and application of scientific and technological advances in the protection, utilization, and development of coastal forests;

Point e) Additional funding beyond the support and investment from the central budget specified in Clause 2 and Clause 3 of this Article based on local conditions.

Clause 2. The central budget shall ensure funds for economic services for contractual forest protection and natural regeneration promotion of coastal forests.

Point a) The maximum level of support for contractual forest protection in coastal areas is 1.5 times the average level of contractual forest protection for protective forests as stipulated in current regulations.

Point b) The level of funds for natural regeneration promotion is 4 million VND/hectare over a period of 5 years (average 800,000 VND/hectare/year).

Point c) Funds for preparing contractual forest protection and natural regeneration promotion files are 50,000 VND/hectare, only implemented in the first year for newly contracted areas.

Clause 3. The central budget shall invest in the development of coastal forests according to approved projects by competent state authorities, including:

Point a) Investigation and planning for the protection and development of coastal forests;

Point b) Planting new forests and improving poor-quality coastal forests that cannot recover economically, according to approved technical and economic standards, designs, and budgets, with planting and care periods of 5 years;

Point c) Natural regeneration combined with supplementary planting according to approved technical and economic standards, designs, and budgets for coastal protective and special-use forests that are naturally poor quality and not yet meet the criteria for forests;

Point d) Construction of anti-erosion works, sedimentation, and beach creation projects to restore and develop coastal forests in approved forest production projects by competent state authorities;

Point đ) Construction of facilities and procurement of equipment directly serving the protection and development of coastal forests;

Point e) Management, inspection, and acceptance work for coastal forest protection and development projects.

Clause 4. The preparation, review, and submission for approval of investment projects for the protection and development of coastal forests as specified in Clause 2 and Clause 3 of this Article shall be carried out in accordance with the current laws on public investment.

Article 5. Sources of capital for managing, protecting, and developing coastal forests

1. State budget allocated through Programs and projects approved by competent state authorities: Sustainable Forestry Development Program; National Target Program on Sustainable Poverty Reduction; Program on Response to Climate Change and Green Growth, and other programs and projects as prescribed by current state regulations.

2. Financial assistance, international loans, ODA funds, and other lawful sources of capital.

3. Investment costs shall be integrated from the sources of capital mentioned in Clause 1 and Clause 2 of this Article. Among these, the capital for economic public services:

a) Localities that have not yet achieved balanced budgets shall be invested with and supported by capital with specific objectives from the Central State Budget.

b) Localities that have achieved balanced budgets shall be responsible for allocating capital from local budgets and mobilizing other sources of capital to implement tasks related to protecting and developing coastal forests.

4. Procedures for disbursing, managing, and using capital shall be carried out according to the specific provisions for each source of capital in Clause 1 and Clause 2 of this Article.

Article 6. Encouraged activities for socialized investment in protecting, developing, and utilizing coastal forests

1. Investment in protecting forests, planting trees, growing non-timber forest products, combined agricultural and forestry production, and aquaculture under forest canopies in areas with coastal forests.

2. Investment in constructing works for sedimentation, preventing coastal erosion, restoring mangrove forests along the coast, developing eco-tourism, and providing forest environmental services within areas assigned, contracted, or leased stably and long-term in accordance with approved plans for protecting and developing forests by competent state authorities.

3. Organizations, individuals, and households assigned land, contracted forests, or leased coastal forests to protect and develop forests in accordance with the law.

4. Forest owners may collaborate with organizations and individuals to implement investments in the activities specified in Clause 1 and Clause 2 of this Article.

Article 7. Benefits of organizations, businesses, households, and individuals investing in protecting, developing, and utilizing coastal forests

1. Enjoy all products from self-invested capital.

2. Economic organizations are exempted from rental fees for coastal forests in the following cases:

a) In cases where there is a decision to lease forests after this Decree takes effect, they are exempted from rental fees for coastal forests for the first five years from the date the competent state authority decides to lease the forest.

b) In cases where there was a decision to lease forests before this Decree takes effect but the lease period still has more than five years remaining, they are exempted from rental fees for five years from the date this Decree takes effect.

c) In cases where there was a decision to lease forests before this Decree takes effect but the lease period has less than five years remaining, they are exempted from rental fees until the end of the remaining lease period recorded in the lease decision.

3. Develop brands for products derived from forest environments and coastal forest ecosystems.

4. Be compensated for labor achievements and investment results according to regulations when the State decides to reclaim the forest.

Decision on Exemption from Rental Fees for Coastal Forests

a) For the case of leasing forests stipulated in Point a, Clause 2, this Article, the exemption period from rental fees is recorded in the Lease Decision.

b) For the cases of leasing forests stipulated in Points b and c, Clause 2, this Article, the leasing organization sends a written request for exemption from rental fees together with a copy of the Lease Decision via postal service or directly to the Provincial People's Committee.

c) Within ten working days from receiving the request, the Provincial People's Committee issues a decision exempting the requesting organization from rental fees. The exemption period from rental fees is specifically recorded in the decision.

Article 8. Obligations of organizations, enterprises, households, and individuals investing in protecting, developing, and using coastal forests

1. Organizations, enterprises, households, and individuals investing in protecting, developing, and using coastal forests shall have the obligation to protect the assigned, contracted, or leased forest areas from reduction in area and quality; plant, care for, protect, and nurture the forest until it becomes a mature forest as prescribed; organize fire prevention and firefighting, and biological hazard prevention in accordance with the law; protect the environment and landscape; and not obstruct national security protection and maritime traffic.

2. For organizations and enterprises engaged in eco-tourism and environmental service businesses in coastal forests, they shall have the obligation to:

a) Pay for forest environmental services at levels and mechanisms prescribed by the People's Committee of the province.

b) Establish a mechanism for sharing responsibilities and benefits with the consent of participating investment and linkage entities.

Article 9. Types of Forests, Subjects Eligible for Support, Conditions for Support, and Mechanisms for Contractual Forest Protection and Natural Regeneration of Coastal Forests

1. Types of forests eligible for contractual protection and natural regeneration: Areas of protective and special-use forests along the coast assigned by the State to the Special-Use Forest Management Board, Protective Forest Management Board, and Forestry Companies; areas of protective and special-use forests along the coast not yet assigned or leased managed by the People's Committee of communes, wards, towns (hereinafter referred to collectively as the People's Committee of the commune).

2. Subjects eligible for support: Organizations, households, and individuals residing stably in coastal communes who undertake the protection of coastal forests and the natural regeneration of coastal forests under contractual agreements.

3. Conditions for receiving support

a) Belonging to the subjects specified in Clause 2 of this Article.

b) Possess land use right certificates, decisions on assigning coastal forest land issued by competent state agencies, or contracts for the protection and natural regeneration of coastal forests signed with the Special-Use Forest Management Board, Protective Forest Management Board, Forestry Companies, or the People's Committee of the commune.

c) Have commitments to protect the forest with the Special-Use Forest Management Board, Protective Forest Management Board, Forestry Companies, or the People's Committee of the commune as prescribed.

d) Be accepted by the contracting party for the verification of forest protection results.

4. The mechanism for contractual forest protection and natural regeneration of coastal forests is implemented through contractual agreements in accordance with current regulations.

a) The contracting party: Protective Forest Management Board, Special-Use Forest Management Board, Forestry Companies, or the People's Committee of the commune.

b) The contracted party: Organizations, households, and individuals residing stably in communes with coastal forests.

c) Annually, the contracting party has the responsibility to sign contractual agreements, verify, and evaluate the implementation results of the contracted party according to regulations. Annual verification results serve as the basis for the contracting party to settle and finalize expenses.

Article 10. On the Budget Estimate for Coastal Forest Protection and Development Investment Each Year

1. The People's Committee of the province, city compiles the budget estimate for coastal forest protection and development in the next year's plan to be submitted to the Ministry of Agriculture and Rural Development before June 30 each year for consolidation, including:

a) Determining the area and budget estimate for contractual forest protection and natural regeneration of coastal forests for each type of forest and eligible subjects as stipulated in Article 9 of this Decree.

b) Determining the volume and budget estimate for coastal forest development projects approved by competent state agencies as prescribed in Clause 3, Article 4 of this Decree.

2. The Ministry of Agriculture and Rural Development consolidates the plans for contractual forest protection and natural regeneration of coastal forests and coastal forest development of localities before July 30 each year, coordinating with the Ministry of Finance and the Ministry of Planning and Investment to balance the budget allocation.

Article 11. Responsibilities of Relevant Ministries and Sectors

1. Responsibilities of the Ministry of Agriculture and Rural Development.

a) To take the lead and coordinate with relevant ministries and sectors to guide localities in effectively implementing this Decree; to direct the dissemination and popularization of legal documents on the protection and development of coastal forests.

b) To compile plans for the protection and development of coastal forests into the annual and five-year national forest protection and development plans, and send them to the Ministry of Planning and Investment and the Ministry of Finance, and submit them for approval.

c) To issue technical guidelines and economic and technical norms for the protection and development of coastal forests; to guide the review of coastal forest system planning; to guide combined agricultural and forestry production techniques and aquaculture within coastal forests; to take the lead in reviewing technical aspects of projects for the protection and development of coastal forests according to the project list.

d) To direct and implement inspection, supervision, and handling of violations concerning compliance with legal documents, regulations, procedures, and technical standards on the protection and development of coastal forests.

đ) To inspect, supervise, and evaluate the implementation of this Decree; to annually compile results and report to the Government and the Prime Minister, and send reports to relevant ministries and sectors.

2. Responsibilities of the Ministry of Planning and Investment

To take the lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development to balance and allocate investment funds for this policy. To coordinate with the Ministry of Agriculture and Rural Development to inspect, supervise, and evaluate the implementation of the policy.

3. Responsibilities of the Ministry of Finance

To take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development to ensure financial resources for management, protection, and development of coastal forests and activities stipulated in this Decree. To guide organizations and individuals to comply with current financial regulations.

4. Responsibilities of the Ministry of Natural Resources and Environment

To guide, monitor, and inspect the recovery of land from organizations, households, and individuals who illegally use areas within coastal protection zones, dike safety protection zones, and areas planned for coastal forest protection and development but have been misused for other purposes, to restore and replant forests.

5. Responsibilities of Other Ministries and Sectors: To organize the implementation of related contents in this Decree according to their assigned functions and tasks.

Article 12. Responsibilities of People's Committees of Coastal Provinces and Cities.

1. To allocate local budget funds and integrate various sources of funding (central budget, local budget, and other sources) to ensure the effective implementation of coastal forest management, protection, and development in accordance with current laws on the State Budget, this Decree, and related current legal documents, and the actual conditions of the locality.

2. To organize propaganda and education to raise public awareness about the role and protective functions of coastal forests; to mobilize and encourage people and economic entities to actively participate in protecting and investing in the development of coastal forests to respond to climate change; to organize the management and protection of coastal forests according to current regulations; to effectively implement this policy at the local level.

3. To direct competent agencies and forest owners to review, establish, examine, and approve investment projects, plans, and programs related to the protection, development, and utilization of coastal forests as stipulated in this Decree and current investment regulations; including clear provisions on socialized investment in the sustainable protection, utilization, and development of coastal forests.

4. To organize investigations, reviews, and the establishment of plans and programs for the protection and development of coastal forests; coastal forest zoning must be clearly defined on maps and in reality; to recover land areas within coastal protection zones, dike safety protection zones, and areas planned for coastal forest protection and development that have been encroached upon, misused, or misappropriated for other purposes, to restore and replant coastal forests.

5. To organize inspections and supervision of the implementation of policies for managing, protecting, and developing coastal forests within their jurisdiction; to annually report results to the Ministry of Agriculture and Rural Development for compilation and reporting to the Government and the Prime Minister.

Article 13. Effective Date

1. This Decree takes effect from October 10, 2016.

2. In cases where there are multiple mechanisms and policies for investment and support in the management, protection, and development of coastal forests for the same content, the provisions of this Decree shall apply.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.