Decision No. 145/1998/QĐ-TTg On policies for managing and using planted forests funded by the World Food Programme (PAM)

DECISION OF THE PRIME MINISTER

On the policy for managing and using planted forests funded by the World Food Programme (WFP)

To ensure that the management and use of WFP forests comply with the objectives of the Project: supporting poor rural households to plant forests on barren hillsides, addressing fuelwood and household timber needs, enhancing forest protective capacity, preventing soil erosion, protecting land, and improving the ecological environment;

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Law on Forest Protection and Development dated August 19, 1991;

Pursuant to the Land Law dated July 14, 1993;

Considering the proposal of the Minister of Agriculture and Rural Development in the report No. 2498/BNN-CS dated June 26, 1998,

The WFP-funded planted forests referred to in this Decision are those areas of forest that have utilized WFP funding for planting, and the forest owners have self-invested additional capital and labor to care for and protect the forest according to the Project's objectives.

DECISION:

Article 1. Principles for managing and using WFP forests:

Article 2. 1. Forest owners must ensure the sustainable regeneration of WFP forests when harvesting and utilizing them, enhancing their protective functions and environmental protection.

2. Ensuring that forest owners benefit in accordance with the Project's objectives agreed upon by the Government and the WFP organization.

3. Creating favorable conditions for forest owners to harvest, utilize, and consume products from WFP forests smoothly.

Determination of WFP forest owners:

Article 3. 1. WFP forest owners are organizations, households, or individuals meeting one of the following conditions:

a) Directly receiving WFP funding to plant forests on land granted stable long-term usage rights by the State;

b) Directly receiving WFP funding to plant forests on land leased legally for a long term under contracts signed between both parties (the lessor and lessee);

c) Legally acquiring WFP forests or the right to use forestry land from cooperatives, organizations, households, or individuals, and the transferee has planted WFP forests.

2. For WFP forests planted by organizations, households, or individuals on land designated for special-use forests and protective forests in highly and moderately vulnerable areas, they are now transferred to organizations assigned by the State to manage these forests. These organizations will lease the land stably and long-term to them for protection and harvesting according to regulations applicable to each type of forest.

3. For WFP forests planted by cooperatives or organizations on land designated for production forests which have since been dissolved but not legally transferred, they are now handed over to the People's Committee of the commune for direct management and leasing to households.

Policy for using WFP forests:

Article 4. For WFP forests planted on land designated for production forests and protective forests in less vulnerable areas, and local protective forests within a village or commune, the forest owner has full ownership of the forest they planted, including the right to transfer, inherit, mortgage, and harvest and utilize WFP forest products in compliance with management regulations for each type of forest.

Households leasing protective forests in highly and moderately vulnerable areas are entitled to all thinning, intercropping, and non-timber forest products under the canopy; they may harvest the forest according to the design of the lessor in compliance with management regulations for each type of forest.

When harvesting and consuming WFP forest products, the forest owner only needs to notify the nearest forest inspection agency or the local People's Committee to obtain a certificate confirming the legality of the forest products within ten days, serving as a basis for transportation and circulation.

Obligations of forest owners when harvesting WFP forests:

Article 5. 1. Replanting or promoting natural regeneration to regenerate the forest, ensuring its sustainable development to maintain ecological stability.

Within one year after harvesting, if the forest owner does not take measures to regenerate the forest, the Forest Inspection Station or the People's Committee of the commune will propose the People's Committee of the district to reclaim the land and the investment support funds from the WFP program from the forest owner and allocate it to another person for replanting.

2. Paying land use tax as prescribed by law.

3. Supporting the commune budget with an amount equivalent to the value of 100 kilograms of rice per hectare if planting long-term forests harvested once, or three percent of the value of annual harvests if planting perennial trees harvested annually (such as rubber trees, fruit trees...). This fund is solely used for the management, protection, and development of forests at the commune level.

This Decision shall take effect fifteen days from the date of signature and shall apply only to WFP forests. Any previous documents conflicting with this Decision are hereby abolished.

Article 6. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairmen of provincial and centrally-administered city People's Committees related to this matter are responsible for implementing this Decision./.

Article 7. The Ministers, Heads of agencies at the ministerial level, Heads of government subordinate agencies, Chairmen of People's Committees of provinces and centrally governed municipalities are responsible for implementing this Decision./.