JOINT CIRCULAR No. 144/2002/TTLT/BNNPTNT-BCA-BQP GUIDING THE COOPERATION BETWEEN FOREST RANGERS, POLICE AND MILITARY FORds PROTECTION WORK

JOINT CIRCULAR

GUIDANCE ON THE COORDINATION BETWEEN FOREST RANGERS, POLICE, AND MILITARY FORds TREE PROTECTION WORK

To implement the Forest Protection and Development Law (1991); the Fire Prevention and Control Law (2001); Directive No. 286/TTg and 287/TTg dated May 2, 1997 of the Prime Minister on strengthening urgent measures to protect and develop forests and organize inspections to eliminate individuals and organizations destroying forests, the Ministry of Agriculture and Rural Development, the Ministry of National Defense, and the Police Department jointly issue guidance on coordination between forest rangers, police, and military for forest protection work, as follows:

I. Responsibilities of the Ministry of Agriculture and Rural Development, the Police Department, and the Ministry of National Defense

Implement state management functions over forests and forestry land nationwide; coordinate with the Ministry of National Defense and the Police Department to guide units within the Police and Military forces to participate in forestry work to manage, protect, and develop forests, prevent and handle cases of deforestation, forest fires, illegal logging, and poaching.

 Direct the forest ranger force to be the core in forest management and protection work; advise local People's Committees at all levels to build forest protection plans, anti-deforestation plans, and schemes to eliminate illegal logging sites, transport, and trade of timber and wildlife products; design fire prevention and control plans for forests, build fire prevention and control schemes for forests, and cooperate with public security and military departments to inspect the implementation of approved plans by the Ministry of Agriculture and Rural Development and local People's Committees.

1. The Ministry of Agriculture and Rural Development shall be responsible for:

Implement state management functions over forest fire prevention and control; investigate and handle according to their authority crimes related to forest management and protection. Direct local police to cooperate with forest inspection agencies to build and implement fire prevention and control plans for forests, anti-deforestation plans; participate in eliminating illegal logging sites, transport, and trade of timber and wildlife products.

Coordinate with the Ministry of Agriculture and Rural Development, the Ministry of National Defense, and local People's Committees to have timely plans to handle forest fires. Provide legal knowledge and professional training on criminal investigation and forest fire prevention and control for the forest ranger force according to agreements between the two forces.

2. The Ministry of Public Security is responsible for:

3. The Ministry of National Defense shall be responsible for:

Directing provincial military commands and border guard commands of centrally governed cities (

hereinafter referred to as

) and military units to cooperate with local forest inspection and public security agencies to build plans to prevent deforestation and forest fires in areas where units are stationed, in their operational areas, and in forest areas assigned by the State for lease, protection, or planting by units.Cooperate with forest ranger forces to eliminate illegal logging sites, transport, and trade of timber and wildlife products; actively extinguish forest fires upon discovery or participate in extinguishing forest fires according to orders from local People's Committee Chairmen or authorized firefighting commanders. of the provinceII. Specific responsibilities and methods of coordination between forest ranger, police, and military forces

A. Forest Inspection Agencies

1. Propagate, disseminate, and educate the law on forest protection and development; mobilize agencies, organizations, and the people to actively participate in forest protection.

2. Inspect and promptly stop violations of forest laws; deploy forest rangers to areas to perform forest protection duties; advise commune People's Committees to fulfill state management functions over forests and forestry land locally.

3. Organize mass forest protection teams, provide specialized knowledge and skills training on forest protection and fire prevention and control; direct and guide forest owners to establish and organize anti-deforestation and fire prevention and control teams, and forest pest prevention and control teams. Coordinate with fire prevention and control police forces to organize fire prevention and control teams at the grassroots level and civilian defense teams within and around forests.

4. Proactively propose to the Chairman of the same-level People's Committee to build plans to eliminate illegal logging sites; guide inspections of fire prevention and control work for forests, and preventive measures against forest pests when outbreaks occur; take the lead in coordinating with public security and military agencies at the same level to mobilize forces to eliminate individuals and organizations destroying forests, and promptly handle cases of resisting law enforcement; coordinate with fire prevention and control police forces to mobilize forces and equipment from agencies, organizations, and individuals to extinguish forest fires.

5. When discovering violations of forest laws, forest inspection agencies shall conduct administrative penalties or initiate investigations according to legal provisions. For cases of crimes not within the jurisdiction of forest inspection agencies, they shall transfer violators, evidence, files, and related items to competent investigative authorities; simultaneously cooperate in verification when requested by investigative authorities. For cases of violations of forest laws transferred by public security and military agencies, forest inspection agencies shall inform the transferring units of the handling results; compile violation situations and handling of forest law violations; report quarterly to public security and military agencies.

6. When discovering violations of regulations on forest fire prevention and control or causing forest fires, if the penalty authority belongs to forest inspection agencies, police, or border guards, the administrative penalty shall be carried out by the first-hand handler.

B. Public Security Agencies

6. When detecting violations of regulations on forest fire prevention and extinguishing or causing forest fires where the authority to impose penalties belongs to the Forest Protection Agency, Police, or Border Guard Force, the penalty for administrative offenses shall be carried out by the first agency to handle the case.

B. Police Agency

1. Coordinate with the Forest Protection Agency, military units, and local authorities to implement preventive measures, prevent, and combat all acts of illegal logging, forest destruction, forest fires, illegal transportation and trade of forest products, illegal hunting, transportation, trade, and keeping of wild animals. Directly command the inter-sectoral forces at the local level to crack down and eliminate illegal logging sites and illegal transportation and trade of forest products in border areas between provinces and cities, and between districts within provinces and cities according to plans approved by the People's Committee of the province; determine the causes of forest fires in accordance with the provisions of the law.

2. Coordinate with the Forest Protection Agency and forest owners to investigate individuals and organizations that destroy forests, illegally log, transport, and trade forest products, illegally hunt, transport, trade, and keep wild animals; take educational measures to prevent violations, participate with the Forest Protection Agency, military, and self-defense forces to organize crackdowns on illegal logging sites and illegal transportation and trade of forest products.

3. The fire prevention and firefighting police force coordinate with the Forest Protection Agency to guide the construction and practice of forest fire prevention and firefighting plans, participate in reviewing projects, designs, and forest fire prevention and firefighting plans; train firefighting skills, guide the purchase and provision of specialized equipment for forest fire prevention and firefighting; inspect the forest fire prevention and firefighting activities of forest owners; participate in rescuing forest fires and direct firefighting operations.

4. Detect or accept for investigation and handling criminal cases in the field of forest management and protection; periodically or urgently inform the Forest Protection Agency about information directly related to its management and protection functions regarding the situation of crimes and the results of investigations and handling of cases.

5. Coordinate with the Forest Protection Agency to provide legal knowledge and investigative skills training for forest protection officers involved in investigating and handling violations of forest laws.

C- Military agencies and units

1. Educate officers and soldiers to thoroughly understand and strictly comply with the law on forest protection and development. Units stationed in forests or near forests shall cooperate with the Forest Protection Agency and local authorities in forest protection work, preventing individuals from illegally logging, transporting, and trading forest products, and illegally hunting wild animals; strictly comply with regulations on forest fire prevention and firefighting at their stations.

2. The provincial military command shall dispatch authorized officials to join inter-sectoral inspection teams of the locality to inspect units and individuals violating forest protection laws upon request of the Chairman of the Provincial People's Committee. Direct units stationed in forests or near forests to have forest fire prevention and firefighting plans, participate in patrols, and be ready to respond when forest fires occur according to orders from the Fire Prevention and Fighting Command at their stations.

3. Military units assigned forests or land for planting forests shall be responsible for building forest fire prevention and firefighting facilities, organizing grassroots firefighting teams, and regularly organizing patrol inspections to promptly detect and handle forest fires.

4. The People's Militia Self-Defense Command of communes and the heads of self-defense forces of state administrative agencies, public service units, and economic organizations shall be responsible for organizing militia self-defense officers and soldiers to study the Law on Forest Protection and Development, mobilizing families and the public not to clear forests for shifting cultivation, log, trade, or illegally hunt wild animals. Cooperate with the Forest Protection Agency to inspect forests, crack down and eliminate illegal logging sites and illegal transportation and trade of forest products, and proactively extinguish forest fires when detected or participate in firefighting operations according to orders from the Chairmen of various levels of People's Committees and authorized firefighting commanders.

5. Coordinate with the Forest Protection Agency to promptly inspect and handle units and soldiers violating the Law on Forest Protection and Development.

III. Funding, benefits, and policies for those directly participating in forest protection

1. Officers and soldiers of the military, police, and forest protection civil servants who participate in coordinated forest protection efforts, if they suffer accidents, injuries, or death while performing duties, shall enjoy benefits and policies as prescribed by the State.

2. Militia self-defense officers and soldiers who directly participate in forest protection shall enjoy benefits and policies similar to those during military training, readiness for combat, serving in combat, and disaster relief according to Clause 3 of Article 26 of the Directive on Militia Self-Defense Forces, Clauses 1 and 2 of Article 11 of Decree No. 35/CP dated June 14, 1996 of the Government detailing the implementation of the Directive on Militia Self-Defense Forces, and Articles 1 and 4 of Decree No. 46/2000/NĐ-CP dated September 12, 2000 of the Government amending and supplementing some articles of Decree No. 35/CP dated June 14, 1996. Funding for serving forest protection work shall be decided by the People's Committee of the locality.

3. Individuals and organizations that discover and report violators of forest laws, participate in apprehending those who illegally cut down forests, log, trade, or transport forest products, or cause forest fires shall be rewarded according to the provisions of the law.

IV. Implementation Organization

1. The Ministry of Agriculture and Rural Development, the Ministry of National Defense, and the Ministry of Public Security shall develop specific plans and measures to instruct relevant agencies and units under their sectors to thoroughly implement and strictly enforce this Circular; simultaneously regularly informing each other about the situation and results of implementation. Annually, leaders of the three ministries shall convene meetings to evaluate the results of implementing this Circular and propose measures for the following year.

2. Chiefs of Forest Protection Agencies, Directors of Public Security, and Commanders of Provincial Military Commands shall be responsible for developing plans and measures to coordinate the cooperation of their forces, advise local party committees and governments on implementing this Circular, hold regular six-month meetings to review the results of implementation in their respective localities, report to local party committees and governments and the three main managing ministries.

This Circular shall take effect fifteen days from the date of issuance. All previous regulations and guidelines issued by the Ministry of Agriculture and Rural Development, the Ministry of Public Security, and the Ministry of National Defense that conflict with this Circular are hereby abolished.

In the course of implementation, if any difficulties arise, they should be reported to the Ministry of Agriculture and Rural Development, the Ministry of Public Security, and the Ministry of National Defense for timely amendment or supplementary guidance.