Ordinance No. 147/LCT On the protection of forests

ORDINANCE

Regulations on forest protection

Forests are part of the living environment, a valuable asset of our country, with significant value for the national economy and public culture. Forest protection must be carried out by both the State and the entire people.

Based on Article 12 and Article 40 of the Constitution of the Democratic Republic of Vietnam;

To protect forests and develop the rich resources of forests, to fully utilize the great role of forests in conserving water sources and regulating water, preventing soil erosion, sand drift, moderating climate, limiting the harm of wind, storms, floods, droughts, thereby serving the construction of the economy, cultural development, consolidation of national defense, and improving the living standards of the people, contributing to making the country prosperous and strong;

To promote the spirit of collective ownership among cadres, workers, civil servants, soldiers, and the people, raise awareness about forest protection, and encourage the whole people to actively combat any actions that damage forests;

This Ordinance stipulates regulations on forest protection.

PART I

GENERAL PRINCIPLES

Article 1

Forests and forest land belong to the ownership of the State, i.e., of the entire people, and no one may infringe upon them.

The Government is responsible for comprehensive planning and allocation of land for agriculture, forestry, and special purposes, including maps delineating forest boundaries down to the commune level.

The State ensures benefits for collectives and individuals who have contributed to planting trees on forest land.

The Government shall establish policies and systems to encourage cooperatives and the people in areas with forests to actively participate in afforestation and forestry work, contributing to the development of the national economy and improving the living standards of local residents.

Article 2

The State uniformly manages forest protection.

All agencies, organizations, industrial and agricultural enterprises, construction sites, military units, cooperatives, and the entire population have the obligation to protect forests; they must strictly comply with forest protection laws and oppose any violations thereof.

The Government organizes specialized forces and mass forces to protect forests.

PART II

MEASURES FOR FOREST PROTECTION

Article 3

Logging is prohibited. Both natural and planted forests must be strictly protected.

In cases where logging is necessary to obtain land for cultivation, construction according to the general policy and plan of the State, or for any other public interest, permission from the Council of Ministers is required.

Article 4

Any action of felling trees in violation of the provisions of the State is prohibited.

Logging operations must follow the planning, plans, systems, and regulations of the State and must be approved by forestry authorities at provincial level or higher. Forestry farms, agricultural farms, construction sites, industrial enterprises, cooperatives, and military units must clear, repair, or replant forests under the guidance and supervision of forestry authorities.

Collectives or individuals permitted to extract timber or other forest products must pay forest maintenance fees to the State for the purpose of protecting and developing forests.

Article 5

The Government will designate certain areas as off-limits to protect nature, historical relics, health, scientific research, or serve other special interests.

In these areas, felling trees is prohibited except for forest clearance and maintenance, and hunting birds, animals, and wild beasts is also prohibited.

Article 6

Clearing and burning forests for shifting cultivation is forbidden.

The Government will take positive measures to quickly complete the campaign of permanent settlement in mountainous regions.

In places where permanent settlement has not yet been completed, the People's Committee of the district shall temporarily examine and permit shifting cultivation on lands designated by the Provincial People's Committee.

, Clause 1, Clause 2 Article 7a of this Regulation.

Lighting fires in forests and adjacent areas for road clearing, tree cutting, firewood collection, or hunting wild animals is prohibited; burning hills and fields belonging to forest land to cultivate young grass is also forbidden.

The Council of Ministers shall specify cases where lighting fires in forests and adjacent areas for daily activities is allowed, and cases where lighting fires for production, construction, or combat support is permitted by authorized agencies.

When lighting fires in forests and adjacent areas, strict fire prevention and firefighting measures must be implemented.

When a forest fire occurs, the local People's Committee must immediately organize firefighting efforts. Local People's Committees at all levels have the authority to mobilize personnel and equipment from various agencies, units, and local residents to fight forest fires.

Article 8

Strictly prohibiting grazing livestock in young forests, newly planted forests, or recently replanted areas.

Livestock grazing in areas with forests must be concentrated in zones designated by the District People's Committee.

Article 9

Hunting or capturing birds, animals, and wild beasts for any purpose must comply with the State's regulations on hunting and capturing, and must be approved by forestry authorities at provincial level or higher.

Article 10

The Council of Ministers shall specify rare and precious plants and animals in forests that require special protection and the protection system for such species.

Article 11

Forestry authorities are responsible for organizing pest and disease control in forests and establishing specialized units for investigation, research, prevention, and control of pests and diseases; when a pest outbreak is detected, timely measures to eliminate the pest must be organized.

Forestry farms, cooperatives, and organizations permitted to operate forests have the responsibility to implement pest and disease control under the direction of local forestry authorities.

Article 12

Residents of communes in forested areas may gather dry firewood in forests for their own use and collect minor forest products as specified by the General Forestry Administration.

Residents of communes in forested areas needing wood for house repairs, construction, or other essential household needs must be examined and approved by forestry authorities at district level or higher, as stipulated by the Council of Ministers.

Article 13

Cooperatives assigned forests by the State for business and land for afforestation must strictly adhere to forest protection laws, forestry business operations, afforestation, and enjoy benefits under the cooperative encouragement policy for forestry business and afforestation.

CHAPTER III

ORGANIZATION OF FOREST PROTECTION

Article 14

Under the leadership of the Council of Ministers, the General Forestry Administration is responsible for unified management of forest protection.

Within the scope of their duties and authority, the Forestry General Department decides on measures for forest protection, cultivation, afforestation, and logging; directs the organization of forest protection forces, builds technical facilities and equips technical means for forest protection; directs and supervises forest protection activities.

Article 15

Under the professional guidance of the Forestry General Department, administrative committees of localities with forests are responsible for managing forest protection, cultivation, afforestation, and logging according to national plans, regulations, and rules; lead local forestry agencies in forest protection; organize and manage forest protection forces in accordance with the provisions of the Council of Ministers.

Article 16

The People's Forest Ranger Force, a specialized force for forest protection, is established within the forestry sector at the district level and above, forming an independent system separate from business units in the forestry industry, to ensure the implementation of forest protection work down to each forest area.

The People's Forest Rangers have the duty to patrol forests, inspect the implementation of forest protection regulations in forestry business units, state agencies, organizations, units, cooperatives, and among the public; prevent any violations of forest protection laws; detect forest fires and organize firefighting efforts; promote and educate awareness of forest protection. Based on legal provisions, the People's Forest Rangers have the right to search, seize evidence in violation cases, prepare records, handle cases, or transfer them to competent authorities for handling.

The People's Forest Rangers are equipped with necessary means to perform their tasks.

Staff and personnel of the People's Forest Rangers are entitled to wear uniforms, carry weapons, insignia, and badges, and enjoy benefits as prescribed by the Council of Ministers.

Article 17

Mass forest protection forces are organized in communes, towns, cities with forests, forest farms, agricultural farms, industrial sites, industrial enterprises, and agencies located within or adjacent to forests, to implement grassroots forest protection work.

Under the guidance of the People's Forest Rangers, grassroots mass forest protection forces have the duty to promote and educate awareness of forest protection, ensure the implementation of local and unit forest protection agreements, conduct fire prevention and firefighting, and prevent unauthorized deforestation and logging.

Grassroots forest protection forces are provided with necessary means and tools to perform their tasks.

Article 18

Military units, armed public security forces, and police units in areas with forests have the responsibility to strictly enforce forest protection laws within their units and participate in local forest protection work.

PART IV

REWARDS AND PENALTIES

Article 19

Any collective or individual who achieves merit in forest cultivation and afforestation, prevents or reports illegal deforestation, logging, or forest fires, or other achievements in forest protection shall be considered for rewards as stipulated by the State.

Article 20

Those who suffer injuries or personal property losses due to participation in forest protection shall be guaranteed rights and benefits as prescribed by the State. In case of death, the family shall receive funeral allowances and assistance.

Article 21

Anyone violating any of the provisions set out in Chapter II of this Ordinance or illegally storing, buying, selling, or transporting timber without causing significant damage to forest resources shall be warned or fined from 1 dong to 200 dongs. The People's Forest Ranger Office at the county level has the authority to warn or fine up to 100 dongs; if the fine exceeds 100 dongs, the People's Forest Ranger Office at the provincial level will review and handle the case.

If the party appeals, the administrative committee at the same level will examine and decide.

Article 22

Anyone violating any of the provisions set out in Chapter II of this Ordinance or illegally storing, buying, selling, or transporting timber, causing significant damage to forest resources, or continuing to violate after being punished, shall be prosecuted before the People's Court and may be sentenced to imprisonment from three months to two years and fined from 200 dongs to 2,000 dongs, or one of these penalties.

Intentionally destroying forest resources or intentionally violating principles, policies, regulations, and rules on forest protection, causing damage to forest resources; lacking a sense of responsibility or negligently causing forest fires or other actions causing serious damage to forest resources shall be punished according to the Ordinance on Punishing Crimes Against Socialist Property, dated October 21, 1970.

Intentionally destroying forest resources for counter-revolutionary purposes shall be punished according to the Ordinance on Punishing Counter-Revolutionary Crimes, dated October 30, 1967.

Article 23

In addition to the punishments specified in Article 21 and Article 22, the handling authority may also revoke permits and confiscate evidence.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Anyone misusing their position or authority to order subordinates to cut, destroy forests, or engage in other activities causing damage to forest resources shall also be handled according to Articles 21, 22, and 23 of this Ordinance.

CHAPTER V

FINAL PROVISIONS

Article 25

The Council of Ministers shall specify detailed provisions for implementing this Ordinance.

Article 26

Any previous provisions contrary to this Ordinance are hereby abolished.

This Ordinance was adopted by the Standing Committee of the National Assembly in Hanoi on September 6, 1972.