Joint Circular No. 22/2007/TTLT/BNN-BNV guiding the tasks, powers, and organizational structure of Forest Rangers at local levels.

JOINT CIRCULAR

Guidelines on the tasks, powers, and organizational structure

of Forest Rangers at the local level

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Implementing Decree No. 119/2006/NĐ-CP dated October 16, 2006 of the Government on the organization and operation of Forest Rangers (hereinafter referred to as Decree No. 119/2006/NĐ-CP), the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs provide guidelines on the tasks, powers, and organizational structure of Forest Rangers at the local level as follows:

I. TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE FOREST RANGER BRANCH

1. Tasks and powers of the Forest Ranger Branch

Based on the provisions of Article 7 of Decree No. 119/2006/NĐ-CP, the People's Committee of the province decides specifically the tasks and powers of the Forest Ranger Branch in accordance with the situation of forest protection, development, and management of forestry products in the locality.

In provinces and centrally-run cities with less than 50,000 hectares of forests and unused land planned for forestry purposes, and where the Department of Agriculture and Rural Development does not establish a Forestry Branch, the Forest Ranger Branch shall undertake all management tasks in the forestry sector in the locality.

2. Organizational structure of the Forest Ranger Branch

The Forest Ranger Branch is established in provinces and centrally-run cities.

a) Leadership of the Forest Ranger Branch includes the Branch Director and Deputy Branch Directors assisting.

Based on the leadership position standards issued by the competent authority, the Director of the Department of Agriculture and Rural Development proposes to the Chairman of the People's Committee of the province to decide on the appointment and removal of the Branch Director and Deputy Branch Directors of the Forest Ranger Branch.

In areas with more than 50,000 hectares of forests and unused land planned for forestry purposes or areas that do not establish a Forestry Branch, the People's Committee of the province considers those comrades holding the position of Branch Director of the Forest Ranger Branch who meet the conditions to be appointed as Deputy Director of the Department of Agriculture and Rural Development and serve as Branch Director of the Forest Ranger Branch.

b) Staff supporting the Branch Director

Depending on specific conditions of the locality, the People's Committee of the province decides on the establishment of staff supporting the Branch Director, units, and affiliated organizations including up to the following departments:

- Forest Management and Protection Department;

- Inspection and Legal Affairs Department;

- Natural Conservation Department;

- Organization and Force Building Department;

- Administrative and Consolidation Department.

c) Units directly under the Forest Ranger Branch: Mobile Forest Ranger Team and Fire Prevention and Control Team; County Forest Ranger Station; Specialized Forest Ranger Station; Protective Forest Ranger Station managed by the locality.

d) Other affiliated organizations: Decided by the People's Committee of the province in accordance with the law.

The People's Committee of the province specifies the tasks, powers, and working relationships of the Forest Ranger Branch and its affiliated organizations.

Based on the leadership position standards issued by the competent authority, the Branch Director of the Forest Ranger Branch decides on the appointment and removal of heads and deputy heads of departments, units, and affiliated organizations under the Forest Ranger Branch.

II. COUNTY FOREST RANGER STATION

1. Tasks and powers of the County Forest Ranger Station

a) Based on the provisions of Article 9 of Decree No. 119/2006/NĐ-CP, the People's Committee of the province specifies specifically the tasks and powers of the County Forest Ranger Station in accordance with the situation of the locality.

b) The County Forest Ranger Station advises and assists the People's Committee of the county in state management of forestry affairs within its jurisdiction. The People's Committee of the province directs the transfer of advisory tasks related to forestry from the specialized agencies of the county to the County Forest Ranger Station.

2. Establishment and dissolution of the County Forest Ranger Station

a) Districts, towns, townships, and centrally-run cities meeting one of the criteria below may establish a County Forest Ranger Station:

- Having 3,000 hectares or more of forests and unused land planned for forestry purposes;

- Having less than 3,000 hectares of forests and unused land planned for forestry purposes currently having a County Forest Ranger Station or areas requiring forest protection, management of wildlife breeding facilities, forest product processing facilities, and centralized forest product trading points.

b) Dissolve County Forest Ranger Stations that do not meet the criteria specified above.

The Branch Director of the Forest Ranger Branch arranges and reassigns forest rangers from dissolved County Forest Ranger Stations to local forest ranger units, prioritizing the reinforcement of forest rangers in commune areas.

3. Organizational structure of the County Forest Ranger Station

a) Leadership of the County Forest Ranger Station includes the Station Chief and Deputy Chiefs.

b) Supporting staff: Depending on specific conditions of the locality, the People's Committee of the province decides on the establishment of supporting staff for the County Forest Ranger Station including up to the following sections: Forest Management and Protection; Natural Conservation; Inspection and Legal Affairs; Mobile Forest Ranger and Fire Prevention and Control; Administrative and Consolidation; Forest Gate Inspection Station; Commune-level Forest Ranger Station where necessary.

c) The Station Chief of the County Forest Ranger Station assigns and manages commune-level forest rangers.

III. SPECIALIZED FOREST RANGER STATION, PROTECTIVE FOREST RANGER STATION UNDER LOCALITY MANAGEMENT

1. Tasks and powers of the Specialized Forest Ranger Station, Protective Forest Ranger Station

Based on the provisions of Article 9 of Decree No. 119/2006/NĐ-CP, the People's Committee of the province specifies specifically the tasks and powers of the Specialized Forest Ranger Station, Protective Forest Ranger Station in accordance with the situation of the locality.

2. Establishment and dissolution of the Specialized Forest Ranger Station, Protective Forest Ranger Station

Based on the provisions of Clause 4, Article 3 of Decree No. 119/2006/NĐ-CP, the Chairman of the People's Committee of the province decides on the establishment and dissolution of the Specialized Forest Ranger Station, Protective Forest Ranger Station.

3. Organizational structure of the Specialized Forest Ranger Station, Protective Forest Ranger Station

a) Leadership of the Specialized Forest Ranger Station, Protective Forest Ranger Station includes the Station Chief and Deputy Chiefs.

b) Administrative apparatus: Depending on specific conditions of the locality, the Provincial People's Committee decides to organize the administrative apparatus of the Special Purpose Forest Inspection Station and the Protective Forest Inspection Station, including the following maximum components: Forest management and protection; Nature conservation; Inspection and legal affairs; Mobile Forest Inspection Team and forest fire prevention and firefighting; Administrative and consolidation; Forest gate inspection station;

c) The head of the Special Purpose Forest Inspection Station and the Protective Forest Inspection Station assigns and manages forestry officials working in the commune.

IV. STAFFING OF FOREST INSPECTION AUTHORITIES AT ALL LEVELS

1. Staff working in the forest inspection offices and teams under the Forest Inspection Service, the District Forest Inspection Station, the Special Purpose Forest Inspection Station, and the Protective Forest Inspection Station are included in the state administrative staffing.

2. Staff working in the subordinate units of the Forest Inspection Service are included in the public service staffing.

3. The Provincial People's Committee submits to the Provincial People's Council for decision on the staffing of forest inspection authorities at all levels within the total administrative and public service staffing allocated to the locality according to current State regulations.

4. The Director of the Forest Inspection Service allocates staffing to the District Forest Inspection Station, the Special Purpose Forest Inspection Station, and the Protective Forest Inspection Station under their jurisdiction within the total staffing level of the forest inspection force allocated by the State.

       V. MANAGEMENT, GUIDANCE AND CONTROL OVER THE FOREST INSPECTION FORCE

1. Minister of Agriculture and Rural Development

Implement management, guidance, and control tasks over the national forest inspection force as stipulated in Article 20 of Decree 119/2006/NĐ-CP and the following duties and authorities:

a) Manage organization, uniformly direct in terms of expertise and operations, and inspect the activities of the national forest inspection force;

b) Define functions and responsibilities, organizational structure, and allocate staffing for the Forest Inspection General Department and its subordinate units; guide localities in determining local forest inspection staffing;

2. Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels have the duties and authorities to manage, guide, and control forest inspection units at the same level as stipulated in Article 21 of Decree 119/2006/NĐ-CP. Additionally, the Chairperson of the Provincial People's Committee has the following duties and authorities:

a) Define functions and responsibilities, organizational structure, and allocate staffing for local forest inspection units;

b) Direct the handling of administrative violations; initiate criminal proceedings and investigate criminal cases by the local forest inspection force; decide on administrative penalties in cases exceeding the authority of the Forest Inspection Service Director as prescribed by law;

c) Direct cooperation between the forest inspection force and related agencies and organizations in forest protection and firefighting activities in the area;

d) Ensure funding for operations, provide specialized equipment and means for the local forest inspection force according to current State regulations.

3. Directors of Departments of Agriculture and Rural Development

The Director of the Department of Agriculture and Rural Development has the responsibilities stipulated in Article 22 of Decree 119/2006/NĐ-CP and the following duties and authorities:

a) Assist the Chairperson of the Provincial People's Committee in managing and directing the activities of the local forest inspection force according to Decree 119/2006/NĐ-CP and the guidelines provided in this Circular;

b) Organize the coordination of activities between the forest inspection force and agricultural and rural development agencies in the area;

c) Assign and delegate management of planning, finance, organization, specialized equipment, and means between the Department of Agriculture and Rural Development and the Forest Inspection Service clearly to facilitate the implementation of legal requirements and tasks by the Forest Inspection Service;

d) Direct the building of a clean and strong local forest inspection force.

VI. IMPLEMENTATION

1. Transfer of Management for the Forest Inspection Service

The Provincial People's Committee organizes the transfer of management of the Forest Inspection Service currently under the Provincial People's Committee to the Department of Agriculture and Rural Development of the province to be completed before June 30, 2007.

The transfer shall be carried out according to the principle of transferring the status quo regarding organization, staffing, assets, equipment, means, office premises, tasks, plans, and finances of the Forest Inspection Service according to current State regulations.

2. During the implementation process, if there are any difficulties, localities are requested to report to the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs for research and resolution.

3. This Circular takes effect 15 days after its publication in the Official Gazette./.