Decision No. 17/2015/QD-TTg Issuing the Management Regulation for Protective Forests

 

Pursuant to …;

Issuing the Forest Protection Management Regulation

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Forest Protection and Development Law 2004;

Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on implementing the Law on Forest Protection and Development;

At the request of the Minister of Agriculture and Rural Development,

The Prime Minister issues this Decision to issue the Forest Protection Management Regulation.

Article 1. This Decision includes the Forest Protection Management Regulation.

Article 2. This Decision takes effect from July 30, 2015.

Repeals Article 25; 26; 27; 28; 29; 30; 31; 32; 33; Point a Clause 4 Article 42; Clause 2 Article 12 of Decision No. 186/2006/QD-TTg dated August 14, 2006 of the Prime Minister on issuing the Forest Management Regulation.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city authorities shall be responsible for implementing this Decision./.

 

 

REGULATIONS

Forest Protection Management
(Issued together with Decision No. 17/2015/QD-TTg

dated June 9, 2015 of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates management, protection, development, utilization, and benefit from forest protection; investment in developing forest protection.

Article 2. Applicability

This Regulation applies to state agencies, organizations, village communities, households, individuals within the country; overseas Vietnamese; foreign organizations and individuals related to the management, protection, development, and utilization of forest protection in Vietnam.

Article 3. Explanation of Terms

Terms used in this Regulation are understood as follows:

1. Companion tree: A tree planted alongside the main crop for a certain period to create a favorable environment, supporting the growth and development of the main crop.

2. Intercropped tree: A tree planted alongside the main crop to make full use of land and nutrient space to increase products and income on the forest area without adversely affecting the growth and development of the main crop.

3. Main crop tree: A forestry tree planted for protective purposes.

Chapter II
FOREST PROTECTION MANAGEMENT

Article 4. Classification of forest protection

1. Upstream forest protection

a) Upstream forest protection aims to enhance water regulation capacity for river flows, reservoirs, reduce floods, mitigate erosion, protect soil, and limit sedimentation in reservoir basins and downstream areas;

b) The area of upstream forest protection includes the forest and forestry land planned according to the regulations of the State primarily aimed at protecting and developing upstream forest protection.

The scale of upstream forest protection is appropriate to the scale of the river basin, reservoir, and forest protection management is linked to the comprehensive management of the river basin, reservoir.

2. Windbreak and sand barrier forest protection

a) Windbreak and sand barrier forest protection aims to reduce wind intensity, stop moving sand, protect agricultural production, residential areas, urban areas, production zones, and other facilities;

b) The area of windbreak and sand barrier forest protection includes the forest and forestry land planned according to the regulations of the State primarily aimed at protecting and developing windbreak and sand barrier forest protection.

3. Wave barrier and coastal advance forest protection

a) Wave barrier and coastal advance forest protection aims to prevent waves, resist erosion, protect dikes and coastal, riverside infrastructure, maintain the natural succession of the ecosystem;

b) The area of wave barrier and coastal advance forest protection includes the forest and forestry land planned according to the regulations of the State primarily aimed at protecting and developing wave barrier and coastal advance forest protection.

4. Environmental protection forest

a) Environmental protection forest contributes to climate regulation, pollution control, landscape creation in residential areas, urban areas, industrial zones, combined with tourism and leisure services;

b) The area of environmental protection forest includes the forest and forestry land planned according to the regulations of the State primarily aimed at protecting and developing environmental protection forest.

Article 5. Criteria for Establishing and Classifying Critical Protective Forests

1. Upstream protective forests are classified as critical or very critical when they meet all of the following criteria:

a) Very Critical Level

- Annual rainfall exceeding 2,000 millimeters or between 1,500 to 2,000 millimeters concentrated within 2 to 3 months.

- Terrain with hills and mountains, with a depth of incision greater than 50 meters and a slope greater than 35 degrees; terrain with hills and mountains, with a depth of incision between 25 to 50 meters and a slope greater than 25 degrees; terrain with hills and mountains, with a depth of incision less than 25 meters and a slope greater than 15 degrees.

- Elevation belonging to the upper third part of the mountain (peak).

- Soil texture and soil layer thickness: Sandy or sandy loam soil types, medium or thin soil layers with a soil layer thickness of up to 80 centimeters; light or medium clay soils, with a soil layer thickness under 30 centimeters.

b) Critical Level

- Annual rainfall between 1,500 to 2,000 millimeters or between 1,000 to under 1,500 millimeters concentrated within 2 to 3 months.

- Terrain with hills and mountains, with a depth of incision greater than 50 meters and a slope between 26 to 35 degrees; terrain with hills and mountains, with a depth of incision between 25 to 50 meters and a slope between 15 to 25 degrees; terrain with hills and mountains, with a depth of incision less than 25 meters and a slope between 8 to 15 degrees.

- Elevation belonging to the middle third part of the mountain (slope).

- Sandy or sandy loam soil types, with a soil layer thickness greater than 80 centimeters; light or medium clay soils, with a soil layer thickness between 30 to 80 centimeters.

c) Supplementary Criteria

During the classification process of critical protective forests, the critical level is upgraded to the very critical level for cases where the protective forest is adjacent to major reservoirs, hydropower dams, cities, towns, mountain roads; protective forests along both sides of main rivers, streams, lakes, or dams.

2. Criteria for Establishing Windbreak and Sand Control Protective Forests

a) Mobile sand dunes, sand banks adjacent to mobile sand terrain, sand basins: Mobile sand moved by rain, floods, typhoons, or inland areas being buried by sand, causing harm to cities, towns, planned development regions, national and provincial infrastructure, cultural and social facilities, concentrated agricultural and industrial bases, villages, roads, bridges, culverts with an area larger than 100 hectares;

b) Fixed sand dunes, coastal sand banks, inland areas that will be buried by sand within 5 to 10 years, causing harm to towns, market towns, central village clusters, district-level infrastructure, cultural and social facilities, small fields, scattered factories, villages, roads, bridges, culverts not at risk of being buried by sand within the next 5 years, with an area smaller than 100 hectares.

3. Criteria for Establishing Wave Protection and Coastal Inundation Prevention Protective Forests

a) Coastal areas, river mouths with embankments or dams, the distance from the foot of the embankment or dam to the sea is 200 meters at high tide;

b) Coastal areas, river mouths without embankments or dams, the distance from the water's edge to the sea is 500 meters at high tide. If the river mouth is not eroded, wave protection and production forests can be established up to 200 meters from the water's edge to the sea at high tide.

4. Environmental protection forests are established for specific projects, with the area determined by local authorities according to current regulations.

Article 6. Criteria for shaping protective forest areas

1. Protective forest areas are shaped when they meet the criteria specified in Clauses 2 and 3 of this Article.

2. Common criteria for shaping protective forest areas include the following:

a) The ratio of forest land area to the total area of the protective forest area must be 70 percent or more;

b) Continuous forest area must be 0.5 hectares or more; if it is a strip of forest trees, its width must be at least 20 meters and it must have three rows of trees or more;

c) It must be an ecosystem where the main component consists of perennial woody plants, coconut palms, bamboo with a height of at least 5.0 meters (except for some species of mangrove forests along the coast).

3. Specific criteria for shaping protective forest areas for each type of protective forest

a) Upstream protective forest areas are shaped when the forest has the ability to maintain and regulate water sources, protect soil, and reduce erosion. For very weak upstream protective forests, the canopy cover must be 0.8 or more; for weak upstream protective forests, the canopy cover must be 0.6 or more;

b) Wind and sand barrier protective forest areas are shaped when the forest trees have closed canopies, the forest has begun to function in blocking or reducing the harm of wind and sand to production areas and residential zones, thereby increasing or stabilizing agricultural crop yields;

c) Wave and coastal advance protective forest areas are shaped when the forest trees have closed canopies, root systems are developed, the forest functions in blocking waves, stabilizing coastal land, enhancing coastal sedimentation, preventing or reducing coastal erosion, and protecting coastal and riverbank infrastructure;

d) Environmental protection forest areas are shaped when the forest has the ability to block or reduce air pollution, regulate climate, create clean landscapes and environments for industrial zones, urban areas, tourist and rest areas.

Article 7. State Management Levels for Protective Forests

1. The Ministry of Agriculture and Rural Development shall uniformly manage state affairs regarding the protection, development, and utilization of protective forests nationwide in the following fields:

a) Directing the establishment of plans for protecting and developing protective forests;

b) Developing and guiding the implementation of legal systems for managing, protecting, developing, and utilizing protective forests;

c) Inspecting, supervising, resolving disputes, and handling violations in the enforcement of laws on managing, protecting, developing, and utilizing protective forests according to the provisions of the law;

d) Directing and guiding the statistics, inventory, monitoring changes in forest resources, and establishing management files for protective forests;

đ) Directing and guiding the implementation of the transfer, leasing, recovery, change of purpose, and recognition of rights to utilize protective forests according to the provisions of the law; the establishment and management of files for transferring, leasing forests and forest land within the jurisdiction;

2. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall manage state affairs regarding protective forests within their provinces in the following fields:

a) Organizing the establishment of provincial-level plans for protecting and developing protective forests, directing, and guiding district-level People's Committees to organize the establishment of local protective forest protection plans;

b) Issuing documents within their authority to direct district-level People's Committees, communes, organizations, households, and individuals within the province to implement laws, policies, and systems for managing, protecting, constructing, and developing protective forests;

c) Establishing, merging, dividing, and dissolving forest management boards according to the provisions of the law;

d) Organizing the classification of forests, determining boundaries, and establishing local protective forest areas according to the guidance of the Ministry of Agriculture and Rural Development;

đ) Directing and organizing the implementation of the transfer, leasing, recovery, change of purpose, and recognition of rights to utilize protective forests according to the provisions of the law; the establishment and management of files for transferring, leasing forests and forest land within the jurisdiction;

e) Organizing fire prevention, firefighting, pest control for local protective forest areas; organizing a network for protecting protective forests, mobilizing forces to cooperate with forestry police to prevent acts of destroying protective forests throughout the province;

g) Organizing inspections, supervision, resolution of disputes, and handling violations of laws on managing, protecting, developing, and utilizing protective forests according to the provisions of the law.

3. Provincial Departments of Agriculture and Rural Development shall assist provincial-level People's Committees in implementing state management over protective forests in the fields stipulated in Clause 2 of this Article.

4. District-level People's Committees (hereinafter referred to as district-level People's Committees) shall manage state affairs regarding protective forests within their jurisdictions in the following fields:

a) Establishing district-level plans for protecting and developing protective forests, submitting them to competent authorities for approval according to regulations, and organizing their implementation;

b) Issuing documents within their authority and organizing the implementation of laws on protecting and developing protective forests in the locality;

c) Directing commune-level People's Committees to establish plans for protecting and developing forests, schemes for transferring, leasing, and contracting protective forests, monitoring and inspecting the implementation of regulations, contracts for transferring, leasing, and contracting protective forests to organizations, village communities, households, and individuals (hereinafter referred to as those assigned, leased, or contracted protective forests) within the jurisdiction;

d) Organizing the determination of boundaries of protective forest areas within the locality;

đ) Organizing statistics, inventory, and monitoring changes in protective forest resources within the locality;

e) Organizing the transfer, leasing, and recovery of protective forests for households, individuals, and village communities;

g) Inspecting and supervising compliance with laws on protecting and developing forests within the jurisdiction; imposing penalties for violations according to their authority.

5. Commune-level People's Committees shall manage protective forests within their jurisdictions in the following fields:

a) Direct, urge, and guide households, individuals, and village community residents to implement laws on the protection and development of protective forests within their jurisdiction;

b) Establish planning and plans for the protection and development of protective forests at the local level, schemes for allocating and leasing protective forests to be submitted to competent state agencies for approval and implementation;

c) Carry out the actual handover of protective forests to those allocated, leased, or contracted protective forests within the jurisdiction and confirm the boundaries of protective forests of forest owners on site;

d) Guide village communities to establish and implement village regulations for managing, protecting, and developing protective forests; organize and mobilize mass forces within the jurisdiction to cooperate with forestry rangers, police, and military forces within the jurisdiction to promptly detect and prevent acts harmful to protective forests;

đ) Inspect and handle violations of the law within their authority;

e) Directly organize the management of areas of protective forests that have not been allocated or leased within the commune's jurisdiction; submit to the People's Committee of the district for utilization of areas of protective forests that have not been allocated or leased by the State;

6. In cases where a protective forest area established spans across districts, the management of the protective forest area shall be under the responsibility of the Department of Agriculture and Rural Development, People's Committees of districts and communes shall coordinate in managing and protecting the area of protective forests within their administrative boundaries;

7. The Chairpersons of People's Committees at all levels, within the scope of their responsibilities, if they allow situations of violating the Regulations on management, planning, and misusing purposes of protective forest use, illegal deforestation, and serious forest fires within their jurisdiction without timely preventive measures, blocking, and handling, shall bear responsibility according to the provisions of the law;

Article 8. Management Organization of Protective Forests

1. The People's Committee of the province decides to establish a Management Board for Protective Forests in accordance with current national regulations in the following cases:

a) Concentrated protective forest areas with an area of 5,000 hectares or more for upstream protective forests; 3,000 hectares or more for wave-blocking and coastal intrusion protective forests, wind-blocking and sand-stopping protective forests;

b) Dispersed protective forest areas but with significant protective functions for upstream protection, wave-blocking and coastal intrusion protection, wind-blocking and sand-stopping protection, with a total area of these forest zones within the administrative boundary of a province being 5,000 hectares or more for upstream protective forests and 3,000 hectares or more for wave-blocking and coastal intrusion protective forests, wind-blocking and sand-stopping protective forests;

c) In special cases, dispersed protective forest areas that do not meet the area requirements stipulated in Points a and b of this Article, but require the urgent establishment of a Management Board for Protective Forests must be agreed upon in writing by the Ministry of Agriculture and Rural Development;

2. For protective forest areas that do not meet the conditions for establishing a Management Board as stipulated in Clause 1 of this Article, the State shall allocate or lease them to armed units stationed in areas with protective forests, economic organizations, households, individuals, and village community residents legally residing within the jurisdiction in accordance with the law.

Article 9. Provisions on the Management Board for Protective Forests

1. The Management Board for Protective Forests shall be responsible for managing the area of protective forests assigned by the State. The rights and obligations of the Management Board for Protective Forests shall be implemented according to Articles 59, 60, and 62 of the Law on Protection and Development of Forests 2004.

2. The Management Board for Protective Forests is a public service unit under the Department of Agriculture and Rural Development, established by the People's Committee of the province in accordance with the provisions of the law.

3. Revenue from forest product exploitation, ecotourism activities, and payments for forest environmental services as stipulated in Decree No. 99/2010/ND-CP dated September 24, 2010 of the Government on policies for payments for forest environmental services and other forestry services shall be balanced within the financial plan of the Management Board for Protective Forests, shared benefits based on co-management mechanisms, and used to cover contractual labor costs under self-sustaining mechanisms.

4. The People's Committee of the province shall define the functions, tasks, powers, and organizational structure of the Management Board for Protective Forests in accordance with the provisions of the law.

5. The public service establishment quota of the Management Board for Protective Forests shall be determined based on the principle of job positions as prescribed by the State. The Management Board for Protective Forests shall develop an annual establishment plan to submit to the competent state agency for decision.

The total establishment quota of the Management Board for Protective Forests includes civil servants, forest rangers (if any), and workers, determined based on a maximum of one establishment quota per 700 hectares of forest.

Article 10. Provisions on Forest Protection Forces

1. Forest Ranger Station of the Protective Forest Management Board

The Forest Ranger Station shall be established at the Management Boards for Protective Forests in accordance with Decree No. 119/2006/ND-CP dated October 16, 2006 of the Government on the organization and operation of Forest Rangers and Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units.

a) The Chairman of the People's Committee of the province decides on the establishment of the Forest Ranger Station for Protective Forests;

b) The Forest Ranger Station for Protective Forests is a state administrative body under the Provincial Forest Ranger Service.

2. Specialized Forest Protection Organizations

For those protective forests that do not meet the conditions for establishing a Forest Ranger Station as stipulated in Clause 1 of this Article, the Management Board for Protective Forests shall organize specialized forest protection forces as follows:

a) The Management Board for Protective Forests shall organize and manage its own specialized forest protection forces;

b) The specialized forest protection forces shall be guided, supported, and cooperatively implement professional measures by the Provincial Forest Ranger Service.

Chapter III
PROTECTION AND DEVELOPMENT OF PROTECTIVE FORESTS

Article 11. Protection of Protective Forests

1. Contents of Protective Forest Protection

a) Protecting the forest ecosystem of protective forests in accordance with the laws on protection and development of forests, environmental protection, and biodiversity conservation;

b) Protecting forest plants and animals in accordance with the laws on protection and development of forests, environmental protection, and biodiversity conservation;

c) Fire prevention and firefighting in protective forests shall be carried out in accordance with the laws on protection and development of forests and the laws on fire prevention and firefighting in forests;

d) Prevention and control of harmful organisms in protective forests shall be carried out in accordance with the laws on protection and development of forests, laws on plant quarantine and protection, and veterinary laws.

2. Responsibilities for Organizing Protective Forest Protection

a) The Management Board for Protective Forests, individuals or entities entrusted, leased, or contracted with protective forests shall be responsible for protecting the assigned areas of protective forests;

b) The Provincial Forest Ranger Service shall be responsible for deploying forest rangers and coordinating with the Management Board for Protective Forests to protect the forests;

c) The People's Committee of the commune shall organize civilian defense forces to support the forest owners; protect the areas of protective forests not yet assigned or leased by the People's Committee of the commune within its territory in accordance with Decision No. 07/2012/QD-TTg dated February 8, 2012 of the Prime Minister on issuing certain policies to strengthen forest protection work.

3. Contracting Protective Forests, Co-management, and Sharing Benefits from Protective Forests

The Management Board for Protective Forests shall be responsible for organizing the contracting of protective forests linked to implementing co-management mechanisms for forests, sharing long-term and stable benefits from forest products and forest environmental services with households, individuals, and village communities in accordance with current state regulations.

Article 12. Development of Protective Forests

1. Upstream protective forests must maintain and gradually restructure natural forests characteristic of the region; trees with deep roots that firmly anchor to the ground.

2. Windbreak and sand-fixing protective forests must ensure at least one main forest belt with a minimum width of twenty meters, combined with secondary forest belts to form enclosed areas; agricultural production and engineering protective forests along strips and forest belts should have flexible trunks, deep roots that firmly anchor to the ground.

3. Coastal areas where protective forests can be restored must have wave-blocking and land-reclamation forest belts. For river and stream windbreak protective forests, the forest belt width must be at least one-third of the river or stream width, if there are multiple belts, they should be staggered; forest trees should be water-tolerant species with deep roots that firmly anchor to the ground.

4. Environmental protection forests must form forest belts, strips, zones, and interwoven green systems within residential areas, industrial zones, tourist sites, creating clean environments, combining recreation, entertainment, and tourism; forest trees should be evergreen species with broad leaves, abundant flowers, beautiful shapes, and non-toxic to humans.

5. Tree species planted in protective forests must meet the requirements stipulated in Clauses 1, 2, 3, and 4 of this Article, while also promoting multi-purpose tree development to increase income from protective forests.

Chapter IV
USE OF PROTECTIVE FORESTS AND BENEFIT MECHANISMS

Article 13. Principles for Logging in Protective Forests

1. Logging in protective forests must not reduce their protective functions and must comply with laws on forest protection and development, environmental protection, and biodiversity conservation.

2. The logging volume is regulated in Articles 14, 15, and 16 of this Regulation.

3. In natural protective forests, it is prohibited to log endangered and rare wild animals and plants, and those prioritized for protection under the law.

Article 14. Full Utilization of Timber in Natural Protective Forests

1. For very critical upstream protective forests, windbreak and sand-fixing protective forests, wave-blocking and land-reclamation protective forests, and natural environmental protection forests, logging timber is not permitted.

2. For critical upstream natural protective forests, only the utilization of dead, rotted, debarked, burned wood, branches, twigs, roots, and sustainable harvesting of non-timber forest products is allowed; the utilization of timber and non-timber forest products on land cleared for construction projects or other purposes in rich and medium natural forests. After logging, the forest must still meet the standards for protective forest shape as stipulated in Article 6 of this Regulation and current regulations on logging.

Article 15. Logging Timber in Planted Protective Forests

1. Planted protective forests funded by state budget may only harvest intercropped trees, auxiliary trees, thinning; collect fallen, rotted, debarked, burned wood, branches, twigs, roots, but must ensure that the remaining main planted trees are at least six hundred trees per hectare.

2. Planted protective forests supported by the state budget, programs, or projects with state budget origins.

a) Harvest intercropped trees, auxiliary trees; thinning, full utilization of timber;

b) May selectively cut main planted trees when they reach harvesting standards with an intensity not exceeding twenty percent of the stock, ensuring the forest meets the standards for protective forest shape as stipulated in Article 6 of this Regulation after harvesting, or clear-cutting in alternating strips or patches, with the total annual harvested area not exceeding twenty percent of the planted forest area meeting the standards for protective forest shape, and the maximum area of each clear-cut patch not exceeding three hectares; replanting must occur in the next planting season.

The logging strip must be designed along contour lines, with a maximum width of twenty meters for very critical upstream protective forests and thirty meters for critical upstream protective forests; the maximum area of a logging patch is one hectare for very critical upstream protective forests and two hectares for critical upstream protective forests.

3. For planted protective forests self-funded by individuals assigned, leased, or contracted to manage protective forests.

a) May harvest intercropped trees, auxiliary trees; thinning, full utilization of timber;

b) May selectively cut main planted trees when they reach harvesting standards with an intensity not exceeding thirty percent of the stock, ensuring the forest meets the standards for protective forest shape as stipulated in Article 6 of this Regulation. The harvesting method follows the provisions of Point b Clause 2 of this Article.

4. The Ministry of Agriculture and Rural Development shall stipulate and guide procedures, formalities, and technical processes for logging natural forest timber.

Article 16. Exploitation of Bamboo and Non-Timber Forest Products from Protective Forests

The management board of protective forests; individuals or entities assigned, leased, or contracted protective forests may exploit bamboo and reed with an intensity not exceeding thirty percent of the stock volume; after exploitation, the forest must still meet the criteria for protective forest shape as stipulated in Article 6 of this Regulation. The exploitation of other non-timber forest products must comply with the principles of forest product exploitation as prescribed in Article 13 of this Regulation.

Article 17. Ecotourism Activities, Scientific Research, Education, and Training in Protective Forests

1. The management board of protective forests may organize independently, collaborate, or lease the forest environment to organizations or individuals for ecotourism business, scientific research, education, and training within protective forests.

2. Ecotourism development in protective forests shall be carried out in accordance with the approved planning by competent state authorities and the laws on Enterprises, Protection and Development of Forests, and current state regulations.

3. Scientific research, education, and training activities in protective forests must ensure the following requirements:

a) Compliance with the laws on protection and development of forests, laws on scientific research, education, and training, relevant regulations, and provisions of this Regulation;

b) Having a research, education, and training plan at the protective forest area that has been approved by the forest owner;

c) Collecting biological specimens and genetic resources only in quantities determined in the approved research, education, and training plans and consented by the forest owner;

d) Paying service fees to the protective forest owner.

Article 18. Combined Agricultural and Aquaculture Production in Protective Forests

The management board of protective forests; individuals or entities assigned, leased, or contracted long-term protective forests may organize combined agricultural and aquaculture production on areas without forests, newly planted forest areas yet to form canopies; water surfaces according to the approved planning and plans for protection and development of the protective forest area.

Article 19. Benefits from Protective Forests

1. Benefits from the exploitation of forest products are regulated in Articles 14, 15, and 16 of this Regulation

a) The management board of protective forests; individuals assigned protective forests shall enjoy all forest products harvested and utilized from natural protective forests after paying taxes and fees as prescribed by current regulations;

b) The management board of protective forests; individuals assigned protective forests shall enjoy all forest products harvested from state-budget-funded planted protective forests, supported by programs and projects with state-budget origins after paying taxes and fees as prescribed by current regulations;

c) Forest products harvested from protective forests by individuals assigned, leased, or contracted protective forests who have invested their own capital, after paying taxes and fees, shall enjoy all products obtained;

d) The management board of protective forests shall ensure that households, individuals, and community residents contracted protective forests benefit from the value of forest products obtained within the contracted area and pay the contracted forest protection fee according to current state regulations.

2. The management board of protective forests; individuals assigned protective forests shall enjoy the value obtained from non-forest services; implement payments to contractors; share benefits with households, individuals, and village communities co-managing forests according to current state regulations.

3. The management board of protective forests; individuals assigned, leased, or contracted long-term protective forests as stipulated in Article 18 of this Regulation shall enjoy all combined agricultural and aquaculture products.

Chapter V
OPERATING EXPENSES AND INVESTMENT FOR PROTECTING AND DEVELOPING PROTECTIVE FORESTS

DEVELOPMENT OF PROTECTIVE FORESTS

Article 20. State budget for public services related to state-managed protective forests

The state budget ensures funds for managing and protecting protective forests, including:

1. Regular public service expenses for activities of the management board of protective forests as decided by the competent authority; allocated in the annual state budget estimate.

2. Management and protection expenses for forests implemented according to current regulations of the State and Decision No. 57/QĐ-TTg dated January 9, 2012 of the Prime Minister approving the Forest Protection and Development Plan for the period 2011-2020.

3. The quota for forest protection implemented according to current regulations of the State, averaging VND 200,000 per hectare per year for areas assigned to households, individuals, and community residents for forest protection.

4. The State supports one-time costs for surveying, designing, signing contracts, and preparing documents for planting and caring for forests; forest protection quotas or encirclement and promotion of natural regeneration of protective forests implemented according to Decision No. 57/QĐ-TTg dated January 9, 2012 of the Prime Minister approving the Forest Protection and Development Plan for the period 2011-2020.

5. Management and protection expenses for areas of protective forests directly managed by commune People's Committees implemented according to Decision No. 07/2012/QĐ-TTg dated February 8, 2012 of the Prime Minister promulgating certain policies to strengthen forest protection work.

Article 21. Investment in Protective Forests

1. The State ensures investment in developing forests as follows:

a) Planting protective forests according to approved design and investment estimates by authorized state agencies;

b) Encircling and promoting natural regeneration according to economic and technical standards with an average investment of VND 4 million per hectare for natural regeneration and VND 8 million per hectare for regeneration with supplementary planting over a five-year period.

2. Investment in facilities for the Management Board of Protective Forests

Investment in infrastructure for the Management Boards of Protective Forests as public service units is as follows:

a) Office space for the Management Board of Protective Forests according to Decision No. 147/1999/QĐ-TTg dated July 5, 1999 and Decision No. 260/2006/QĐ-TTg dated November 14, 2006 of the Prime Minister on standards and norms for using office space at state agencies and public service units. Management and protection stations have an average area of 200 square meters per station and other auxiliary facilities. Temporary accommodation (collective) and other auxiliary facilities attached to the workplace for staff without housing in the locality have an average area of 12 square meters per person. National grid power system or independent power systems (solar, wind, small hydropower...).

b) Investment in transportation infrastructure

- Transportation roads connecting from main roads to the offices of the Management Board of Protective Forests according to standards from Class III to Class V.

- Internal roads within the Management Board of Protective Forests, residential areas for staff; signposts; patrol paths with a width not exceeding 1.5 meters.

- Docking points for boats and ships for locations where the office, management and protection stations are located next to rivers or seas, consistent with the planning for development of protective forests and financial balance.

c) Forecasting and warning equipment for forest fire prevention and extinguishing, fire lookout towers, canal and reservoir systems, water storage tanks, firebreak roads, signboards, and other equipment and tools as guided by the Ministry of Agriculture and Rural Development.

Article 22. Sources of funds

1. The state budget allocates through the Forest Protection and Development Plan approved by Decision No. 57/QĐ-TTg dated January 9, 2012 regarding the Forest Protection and Development Plan for the period 2011-2020 and other sources of investment.

2. The Management Board of Protective Forests uses revenue from forest product exploitation, forest services, combined forestry, agriculture, and fisheries production, and forest environmental services as stipulated in this Regulation.

3. Support from domestic and foreign organizations and individuals.

Chapter VI
IMPLEMENTATION

Article 23. Transitional Provisions

Management Boards of Protective Forests established by authorized state agencies before the effective date of this Regulation continue to operate and review according to the provisions of this Regulation.

Article 24. Responsibilities of Ministries, sectors, and localities

To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.

a) Guide the implementation of this Regulation;

b) Inspect and supervise the implementation of this Regulation, annually report to the Prime Minister on the implementation of this Regulation;

c) Coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and the People's Committees of provinces to inspect and supervise investment in protective forests;

d) Promote and disseminate the main contents of policies stipulated in this Regulation and related policies;

đ) Mobilize financial and technical support from sponsors for the protection and development of protective forests.

2. Ministry of Planning and Investment

Take the lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development to balance investment capital for protective forests.

3. Ministry of Finance

a) Take the lead and coordinate with the Ministry of Agriculture and Rural Development to balance and allocate state budget funds for protective forests in accordance with the State Budget Law;

b) Coordinate with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development in compiling and building plans, preparing annual, three-year, and five-year budgets to implement this Regulation.

4. Provincial People's Committees

a) Direct, organize, and review the entire area of protective forests within their jurisdiction according to this Regulation. For areas that do not meet the criteria for protective forests as specified in this Regulation in previous planning, adjust them to production forest planning;

b) Organize the allocation and leasing of land according to the law, prioritizing the allocation and leasing of this land to households, individuals, and communities residing legally within the area;

c) Organize reviews and stabilize forest management organizations in accordance with this Regulation; issue land use right certificates to forest protection management boards without such certificates in the area, to be completed by 2016;

d) Balance and ensure operational expenses and investment capital as prescribed in this Regulation and in laws regarding the state budget;

đ) Direct, organize, inspect, and supervise the implementation of this Regulation at the local level. Annually report the implementation status of this Regulation to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Prime Minister./.