Decree No. 22-CP on Fire Prevention and Control in Forests

DECREE OF THE GOVERNMENT

Issuing regulations on forest fire prevention and extinguishing  

THE GOVERNMENT

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

Pursuant to the Forest Protection and Development Law dated August 19, 1991;

At the proposal of the Minister of Forestry;

DECREE:

Article 1The Prime Minister hereby promulgates these regulations on forest fire prevention and extinguishing attached to this Decree.

Article 2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government agencies, Chairpersons of People's Committees at provincial and centrally governed city levels, and forestry inspection authorities at all levels shall be responsible for implementing this Decree.

Article 3. This Decree takes effect from the date of signature. Previous regulations contrary to this Decree are abolished./.

REGULATIONS ON FOREST FIRE PREVENTION AND EXTINGUISHING

(Attached to Decree No. 22-CP dated March 9, 1995 of the Government)

PART I

GENERAL PROVISIONS

Article 1. Forest fires are a disaster causing significant damage to property and human lives. All levels, sectors, and citizens, especially organizations and individuals operating within and adjacent to forests, have the duty to protect forests and comply with regulations on forest fire prevention and extinguishing.

Article 2. People's Committees at all levels must direct the implementation of forest fire prevention and extinguishing work within their respective localities according to their functions, tasks, and authorities.

Forest owners must implement regulations on forest fire prevention and extinguishing and bear responsibility for any fires occurring in forests under their management.

Forestry inspection authorities at all levels are responsible for assisting local governments in directing and implementing forest fire prevention and extinguishing work; guiding forest owners in forest fire prevention and extinguishing.

State management agencies related to relevant sectors are responsible for coordinating with forestry inspection authorities at all levels in forest fire prevention and extinguishing work.

PART II

REGULATIONS ON FOREST FIRE PREVENTION

Article 3. The Forest Protection Department is the specialized guidance authority, responsible for assisting the Minister of Forestry in directing localities to coordinate with meteorological and hydrological agencies to organize forest fire forecasting work, planning, identifying key forest fire areas on maps and in reality; developing and implementing plans and measures for forest fire prevention and extinguishing, and inspecting and summarizing the situation of forest fire prevention and extinguishing nationwide.

Article 4. Local forestry inspection agencies are responsible for assisting People's Committees at all levels in building forest fire forecasts and directing the implementation of forest fire forecasting work down to the grassroots level; formulating forest fire prevention and extinguishing plans; organizing forces and equipping necessary firefighting equipment; promoting and educating communities about forest fire prevention and extinguishing awareness; inspecting and supervising the enforcement of forest fire prevention and extinguishing regulations and handling violations thereof.

Provincial-level forestry inspection agencies must promptly notify dry and windy seasons for each region.

Article 5. The Fire Prevention and Fighting Police under the Ministry of Public Security is the state management agency for fire prevention and fighting, responsible for coordinating with the Forestry Inspection Department under the Ministry of Agriculture and Rural Development in purchasing specialized firefighting equipment; guiding the organization and training of firefighting skills for forest firefighting forces; participating in rescuing forest fires and determining the causes of fires.

Article 6. All forest owners must implement the following forest fire prevention and extinguishing measures:

1. For concentrated forest areas, forest owners must construct fire prevention facilities such as firebreak roads, fire-retarding channels, fire lookout towers, warning signs, fire prohibition signs, communication systems, water reservoirs, lakes, dams, channels... for firefighting purposes. They must also comply with and be subject to the direction and inspection of the local forestry inspection agency.

2. For scattered forest areas owned by multiple forest owners, local forestry inspection agencies must develop forest fire prevention plans and guide their implementation. Forest owners are responsible for implementing these plans and have the obligation to contribute funds to enforce the forest fire prevention and extinguishing plan.

3. When designing concentrated forest planting, fire prevention facilities must be designed and approved by the provincial forestry inspection agency. Forests should not be planted in areas without fire prevention facilities; when planting forests, fire prevention facilities must be constructed simultaneously.

4. In forest planting, especially planting flammable tree species such as pine, acacia, and other oil-bearing trees, mixed-layer forest planting and fire-retarding green belts must be applied. Fire-retarding green belts must select tree species with fire-resistant capabilities.

5. AT In key fire-prone areas where conditions permit, maintenance, care, and sanitation of forests or the "controlled burning" method should be applied before the dry season to reduce fuel sources.

6. During the dry season, regular patrols and guards must be organized to detect forest fires and promptly extinguish them when they occur.

7. There should be a plan to gradually equip necessary firefighting equipment and means, combining manual and mechanical methods to modernize forest fire prevention and extinguishing work.

, Clause 1, Clause 2 Article 7a of this Regulation.It is prohibited to ignite fires in forests in the following cases:

1. Igniting easily combustible forest areas such as pine forests, acacia forests, bamboo forests, reed forests, young plantations, regenerating forests during the dry season; hillsides covered with grasses like cogon, reeds, and sedge that can spread fires into forests.

2. Igniting fires in logging areas.

3. Igniting fires in special-use forests.

4. Using fire for hunting, beekeeping, felling trees, collecting firewood, clearing paths, burning grasslands to obtain fresh grass, and other thoughtless actions that cause forest fires.

Article 8Cases where igniting fires in forests is allowed (not falling within the scope defined in Article 7).

1. Burning swidden fields must comply with the provisions of Article 21 of the Law on Forest Protection and Development. Before burning, the field owner must create a firebreak around it; burning can only take place when the wind is light, and people must be stationed to guard against spreading fires into forests, and all embers must be extinguished after burning.

2. Burning vegetation to prepare land for forest planting must comply with the fire prevention provisions set out in Clause 1, Article 8 of these regulations.

3. Lighting fires for cooking, heating, and warming in forests must avoid areas with dry combustible materials, and all embers must be extinguished after use.

Article 9In areas where railways pass through easily combustible forest zones, the railway sector is responsible for:

1. In conjunction with the Ministry of Forestry to specify in detail the sections of roads that must be firebreak roads, at least 5 meters wide from the foot of the railway tracks into the forest (within the railway protection zone); the railway sector shall cooperate with forest owners to regularly clear and clean reeds, grasses, and shrubs annually.

2. Coordinate with the Ministry of Forestry to stipulate sections of roads where warning signs for prohibiting ash dumping and charcoal discharge must be installed; sections where train drivers are allowed to discharge charcoal and during such discharge, water must be discharged to completely extinguish any remaining embers.

3. When trains pass through areas of forests prone to fires, the railway sector shall have the responsibility to remind passengers not to throw burning materials into the forest.

Article 10In areas of forests where high-voltage power lines pass through, the management agency of high-voltage power lines must annually clear flammable materials under the power lines within the power line protection zone.

Article 11In tourist forests, the tourism management agency must establish specific guidelines for tourists regarding camping sites, places where the use of fire is prohibited, fire prevention and firefighting regulations in the forest, and educate tourists about forest fire prevention awareness.

The management boards of tourist forests are responsible for organizing forest fire prevention and firefighting within their jurisdiction.

Article 12. All organizations and individuals conducting activities within the forest and adjacent areas must comply with regulations on forest protection, forest fire prevention, and firefighting.

Article 13. The Ministry of Forestry (Forest Protection Department) is responsible for constructing key fire prevention facilities such as: main firebreak roads, fixed watchtowers... in areas prone to large-scale fires.

CHAPTER III

FOREST FIRE FIGHTING

Article 14. When a forest fire occurs, People's Committees at all levels shall have the responsibility and authority to mobilize all necessary forces and means to promptly extinguish the forest fire.

Article 15. All organizations and individuals engaged in activities within the forest and adjacent areas shall have the responsibility: upon discovering a forest fire, immediately report it to the forest owner or the nearest Forest Protection Agency; simultaneously implement immediate fire suppression measures; comply with orders for mobilization of personnel and equipment for forest fire fighting.

Article 16. Upon occurrence of a forest fire, the forest owner must immediately mobilize local forces and equipment to fight the fire; simultaneously report to the competent authority to request support if there is a risk of a major fire; ensure safety and adequately compensate those participating in forest fire fighting.

PART IV

COSTS FOR FOREST FIRE PREVENTION AND FIGHTING

Article 17. Sources of funds for forest fire prevention and fighting:

1. The State allocates funds from the budget (including regular expenses for operational activities, specialized equipment, and basic construction) for the Forest Protection Force to carry out forest fire prevention and fighting tasks, enabling this force to construct fire prevention facilities, guide, and inspect forest owners in fire prevention and fighting activities, and collaborate with other local forces such as: Police, Military, and mass organizations in forest fire prevention and fighting.

2. Localities allocate contingency funds in the budget to address natural disasters, crop failures, and forest fires causing significant losses to the lives and property of local residents.

3. Funds invested by forest owners for forest fire prevention and fighting on land assigned by the State to organizations, households, and individuals for long-term stable use for forestry purposes.

Article 18. Regarding financial plans:

1. For forest areas managed by the Forest Protection Agency assisting various levels of government, especially key forest areas, the provincial-level Forest Protection Agency shall develop forest fire prevention and fighting plans and financial plans to be submitted for approval by the Provincial People's Committee from the State's forestry operational budget.

2. For state-assigned forestry land to organizations, households, and individuals, forest owners must annually develop forest fire prevention and fighting plans and financial plans for approval by the competent authority.

3. Each locality where forest fires cause significant losses to the lives and property of residents shall report to the Ministry of Forestry and the Provincial People's Committee for consideration of central government budget support for affected residents.

Article 19. To strictly manage the funds allocated for forest fire prevention and fighting to ensure they are used for their intended purpose and meet technical requirements, the Forest Protection Agencies at all levels shall closely coordinate with relevant sectors to regularly guide, monitor, and inspect the implementation of forest fire prevention and fighting projects.

CHAPTER V

REWARDS AND PENALTIES

Article 20. Organizations and individuals who achieve outstanding results in forest fire prevention and fighting shall be rewarded according to the State's regulations. Those who suffer injuries, loss of life, or property while participating in forest fire prevention and fighting shall be handled according to current policies.

Article 21. Any person violating the provisions of this Decree shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation.

Chapter VI

FINAL PROVISIONS

Article 22. The Ministry of Forestry is responsible for guiding, directing, and inspecting the implementation of this regulation by all levels and sectors nationwide; coordinating with related ministries and sectors to develop and promulgate technical procedures and standards for forest fire prevention and fighting; and periodically reporting to the Prime Minister on forest fire prevention and fighting work.

The Ministries of Interior, Transport, Energy, Finance, the State Planning Commission, the Tourism General Administration, the Meteorology and Hydrology General Administration, and other relevant agencies shall cooperate with the Ministry of Forestry to direct the implementation of this regulation.

Article 23. This regulation takes effect from the date of issuance. Previous regulations on forest fire prevention and fighting that conflict with this regulation are hereby abolished./.