DIRECTIVE

On Strengthening Urgent Measures to Protect and Develop Forests

In recent years, the Government has issued many policies and measures regarding economic and social development in mountainous regions, protection and development of forests. Annually, the Government has focused on implementing many important programs aimed at developing the economy and society in mountainous areas, attracting all people to participate in protecting and developing forests, increasing forest coverage, gradually establishing ecological balance, creating numerous job opportunities, and stabilizing the lives of ethnic minorities in mountainous provinces and remote areas.

However, recently, the situation of deforestation and hunting of wild animals in the country has been spreading widely, particularly seriously in primary forests, special-use forests, and headwater protective forests. The poachers have openly organized deforestation, hunting, and killing of rare and precious wildlife species, destroying national forest resources; many illegal timber and forest product retail stores have assisted the poachers and gained improper benefits.

The causes of the above situation are:

- Departments and levels of local authorities from commune, district, to province have not strictly implemented Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Prime Minister on the implementation of state management responsibilities at various levels concerning forests and forestry land; they have not organized effective inspection and prevention work; when poachers destroy forests, local authorities fail to promptly mobilize forces to suppress them, and in some places, they turn a blind eye, leaving forest owners and forest rangers to face the poachers alone.

- State-owned Forestry Enterprises assigned as forest managers have not fulfilled their responsibilities, and in some cases, they colluded with bad elements to illegally exploit various types of wood and precious forest products. Some cases exploited wood without following plans for short-term gains. The organization of managing population movement in some areas lacks strictness, does not follow planning and schedules, leading to serious illegal migration that destroys forests.

- The forest rangers' force has not been fully established, failing to perform their assigned functions, lacking regular inspections, advising, and organizing coordination among forces to protect forest areas; equipment for forest rangers to carry out their duties is insufficient, unable to suppress poachers effectively; therefore, they have not created a strong enough force to effectively protect forest resources, in some places retreating or turning a blind eye to aggressive poachers, and even some forest ranger officials have degenerated, tolerating and colluding with bad elements to illegally exploit wood and precious forest products.

To rectify, address shortcomings, and restore order and discipline in forest protection and management work, the Prime Minister instructs ministries, sectors, People's Committees of provinces and centrally-administered cities to urgently implement the following tasks:

1. Chairmen of People's Committees of provinces and centrally-administered cities shall take the lead and coordinate with relevant ministries and sectors to direct cooperation among units under the military, police, border guards, and forest rangers within their provinces; civilian defense forces, forest protection teams, and forest owners to immediately carry out the following tasks:

a) Organize crackdowns on poachers in natural forests, old growth forests, and forests near provincial borders; identify and handle individuals who intentionally violate laws on forest protection and development, assist poachers in deforestation, and destroy the living environment of communities and society.

Sufficient forces must be mobilized, combining comprehensive and resolute measures such as propaganda, mobilization, and suppression of violent poacher groups opposing law enforcement officers.

Strictly deal with organizations and individuals violating state regulations on forest protection and development, those shielding poachers, those allowing unauthorized and illegal logging and conversion of forestry land use; impose administrative penalties and require compensation for forest damage caused by them, and if severe, pursue criminal responsibility.

b) Conduct inspections and enforce all individuals migrating freely out of primary forests, special-use forests, and headwater protective forests to relocate them into planned resettlement areas where land has been allocated for them to live and work. For those unwilling to move into these planned areas, cooperate with the province of origin to return them to their original homes for resettlement. .

c) Direct the strict implementation of state management responsibilities at various levels concerning forests and forestry land as stipulated in Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Prime Minister; directly manage forests and bear responsibility before the Prime Minister for national forest resources under their jurisdiction.

Support district and commune-level governments in inspecting and promptly preventing cases of forest encroachment for illegal logging and exploitation of precious forest products, and prevent acts of burning and destroying forests.

Local authorities at all levels shall be responsible to their immediate superiors for state forest resources under their jurisdiction. If any locality still allows illegal logging activities within its territory, the Chairman of the provincial/municipal People's Committee directly under the central government and local leaders shall be subject to disciplinary action.

d) Direct the acceleration of land allocation and forest assignment to households; implement benefit mechanisms as stipulated in Decision No. 178/2001/QĐ-TTg dated November 12, 2001 of the Government on the rights and obligations of households and individuals assigned forests and forest land, and Decision No. 187/1999/QĐ-TTg dated September 16, 1999 of the Government on the reform of organizational structure and management mechanism of state-owned forest enterprises.

đ) Provinces along the Ho Chi Minh Highway and other routes passing through natural forests must immediately organize forest guard posts and mobile forest protection teams to strictly protect forest resources in these areas.

e) Direct the collection of all illegally cut timber and timely handle it according to legal provisions, without allowing prolonged storage causing damage to state assets. Inspect, process, and revoke business licenses of shops engaged in illegal wood trading and restaurants serving special dishes made from rare and endangered wildlife meat.

f) Central cities and provinces establish Steering Committees chaired by the Chairman of the Provincial People's Committee to organize forest protection forces including the Forest Protection Service, Military, and Police to effectively implement this Directive.

2. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of National Defense, the Ministry of Public Security, and the People's Committees of central cities and provinces to direct the implementation of the following tasks.

a) Develop plans and organize the coordination of forces to inspect and crack down on illegal loggers in key areas in the Central Highlands, Central Vietnam provinces, while guiding the remaining provinces to clearly identify key areas, independently conduct crackdowns, and effectively prevent illegal logging in 2003.

b) Coordinate with the Ministry of Home Affairs and related agencies to study plans for reforming and strengthening the forest protection system from central to grassroots levels, increasing forest rangers at the grassroots level, ensuring that the forest protection force is truly the core force of local authorities in forest protection and development. Equip them with support tools and weapons, and establish regulations for guidance and management of weapon usage to fulfill assigned tasks.

c) Take the lead and coordinate with relevant ministries and sectors to urge and inspect the implementation of the contents prescribed in Section 1 of this Directive. Annually, summarize and report results to the Prime Minister.

d) Starting from 2003, limit the quota for harvesting natural forest timber, mainly for handicraft export production needs and disaster prevention purposes. Encourage wood imports and the use of alternative materials to save wood in production and consumption.

3. The Ministry of Public Security shall be responsible for directing police forces in central cities and provinces to cooperate and support local forest protection forces in forest protection and crackdown on illegal loggers.

4. The Ministry of National Defense shall direct military regions, corps, local military command boards, border guards to combine field exercises with forest protection forces and local public security forces to support and participate in cracking down on illegal loggers; direct military units to properly manage and protect assigned forest areas, especially in economic zones and along borderlines.

5. The Ministries of Planning and Investment, Finance shall ensure funding for sectors and localities to implement this Directive.

6. Ministers of the Ministries of Agriculture and Rural Development, Planning and Investment, Finance, National Defense, Public Security, Home Affairs, Labor, Invalids and Social Affairs, Natural Resources and Environment shall develop plans to implement and direct the People's Committees of central cities and provinces to carry out the contents of this Directive.