Decision No. 245/1998/QĐ-TTg On Implementing State Management Responsibilities for Forests and Timber Land at All Levels

DECISION OF THE PRIME MINISTER

Regarding the implementation of state management responsibilities

at all levels concerning forests and forest land

________________

PRIME MINISTER

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

Pursuant to the Law on Protection and Development of Forests dated August 12, 1991;

Pursuant to the Land Law dated July 14, 1993;

Pursuant to the Ordinance on specific tasks and powers of People's Councils and People's Committees at each level dated June 25, 1996;

To further specify the implementation of Decree No. 17/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government) on the enforcement of the Forest Protection and Development Law and the implementation of the strategy for reforming the forestry sector in the new period;

At the proposal of the Minister of Agriculture and Rural Development, the Minister in charge of the Government Organizational and Cadre Affairs Agency, and the Director General of the National Land Administration,

DECISION:

Article 1. This Decision aims to clearly define the state management responsibilities of competent authorities at various levels regarding forests and forest land, contributing to preventing acts that destroy forest resources and forest land, and creating conditions for organizations, households, and individuals to actively participate in protecting and developing forests.

Article 2. Contents of state management over forests and forest land:

1. Surveying, identifying types of forests, delineating boundaries of forests and forest land on maps and in the field down to the commune administrative unit; monitoring changes in forests and fluctuations in forest land.

2. Developing plans for the protection, development, and utilization of forests and forest land nationwide and in each locality.

3. Issuing legal documents on the management, protection, development of forests, and utilization of forests and forest land, and organizing the implementation of such documents within the scope of authority prescribed by law.

4. Allocating forest land and forests, reclaiming forest land and forests.

5. Registering, establishing, and managing land records, issuing certificates of land use rights.

6. Inspecting, auditing, and handling violations in the implementation of laws and policies on the management, protection, and development of forests; utilization of forests and forest land.

7. Resolving disputes over forests and forest land.

Article 3. State management responsibilities of ministries and sectors regarding forest management, fire prevention, and construction and development of forests, especially in remote areas, border regions, islands, and sea areas, linked with national defense security.

1. The Ministry of Agriculture and Rural Development is the agency responsible before the Government for state management over forests.

a) Regularly surveying, re-surveying, classifying forests, statistically determining the area and volume of each type of forest, and mapping forests and forest land nationwide.

b) Developing long-term plans for the protection, development, and utilization of forests nationwide to submit to the Government for approval.

Reviewing plans for the protection, development, and utilization of forests and forest land submitted by provinces and centrally-administered cities before submitting them to the Government for approval.

c) Submitting to the Government for approval the annual allowable harvest and consumption of natural timber nationwide.

Reviewing comprehensive design files for the exploitation of natural forests and issuing decisions to open natural forests for exploitation for provinces and centrally-administered cities.

d) Proposing the Government to decide on establishing national parks, nature conservation areas, national protective forests, and national seedling forests, and entrusting their management, protection, and development to organizations under the Ministry of Agriculture and Rural Development, relevant sectors, or provincial people's committees.

đ) Drafting sub-law documents to be submitted to the Government for issuance and issuing policies, systems, regulations, procedures, technical norms related to the management, protection, development, and utilization of forests and forest land nationwide according to its authority.

e) Organizing cooperation with the State Inspectorate to conduct inspections and audits of state management over forests by local authorities at all levels; inspecting compliance with forest-related laws by organizations, households, and individuals allocated forests and forest land.

g) Resolving forest disputes, cooperating with the National Land Administration to resolve forest land disputes between different provinces' forest owners; rewarding organizations, households, and individuals with outstanding achievements.

f) In special cases, coordinating with the Ministry of Defense and the Ministry of Public Security to direct effective forest protection and fire prevention work.

Directing the Forestry Inspection Service under the Ministry of Agriculture and Rural Development to impose penalties or initiate prosecution against acts violating laws causing damage to forest resources according to legal provisions.

2. The National Land Administration is the agency responsible before the Government for state management over forest land.

3. The Ministry of Defense and the Ministry of Public Security have the responsibility to direct grassroots units to develop plans to coordinate with forest rangers to patrol and combat illegal loggers, protect forests, prevent fires, and cooperate with provincial Departments of Agriculture and Rural Development to construct and develop forests, particularly in remote areas, border regions, islands, and sea areas, where forest protection and development must be linked with national defense security.

Article 4. State management responsibilities of provincial people's committees (collectively referred to as provincial people's committees) over forests and forest land:

1. The Chairman of the provincial people's committee is responsible before the Prime Minister for the protection, development, utilization of forests and forest land in their locality.

a) Organizing surveys, classification of forests, statistical determination of the area and volume of each type of forest, and mapping forests and forest land in the province according to the guidance of the Ministry of Agriculture and Rural Development and the National Land Administration.

Directing district people's committees to monitor changes in forest resources (in terms of structure, area, and volume of forests) and forest land, and compile reports to submit to the provincial level.

b) Developing plans for the protection, development, and utilization of forests and forest land in their locality to be approved by the Provincial People's Council before submitting to the Government for approval.

Guiding district people's committees to develop plans for the protection, development, and utilization of forests and forest land, reviewing those plans.

Approve the comprehensive exploitation design for natural forests of forest owners; issue decisions to grant logging permits after the Ministry of Agriculture and Rural Development has reviewed the comprehensive application files and issued decisions to open logging areas.

c) Establish protective forest zones, natural conservation forest zones, cultural, historical, scenic, and tourism forest zones at the local level after obtaining written agreement from the Ministry of Agriculture and Rural Development, relevant sectors, and assign management and construction tasks to organizations under the provincial People's Committee.

d) Allocate forestry land and forests, reclaim forestry land and forests, issue certificates of land use rights according to the law; direct the People's Committee of districts to allocate forests and forestry land to households and individuals.

For forest and forestry land areas within communes that have not been assigned to any management or use, assign them to the management of the commune People's Committee and develop plans to gradually put them into use.

đ) Organize fire prevention and firefighting, pest control in local forests.

e) Organize a forest protection network, mobilize forces to cooperate with forest rangers to prevent all acts of destroying forests throughout the province.

g) Manage protective and special-use forests within the province according to the authority granted.

Issue documents within their authority to guide the People's Committees of districts and communes, organizations, households, and individuals located within the province to implement state laws, policies, systems, and regulations on forest management, protection, construction, and development.

Conduct inspection and supervision work on compliance with laws regarding forest protection and development within the province. Administer administrative penalties in the field of forest management and protection according to the law.

Resolve disputes over forest use rights and forestry land according to the law.

2. The Department of Agriculture and Rural Development assists the provincial People's Committee in implementing state management responsibilities for forests and forestry land.

3. The Forest Protection Service implements the responsibility of inspecting and supervising the implementation of laws on forest management, protection, and development within the province. In special cases, organize cooperation with military and police forces in the area to patrol and crack down on illegal loggers to protect forests and prevent forest fires.

4. The Department of Land Administration assists the provincial People's Committee in implementing state management responsibilities for forestry land.

Article 5. Responsibilities of the district People's Committee for state management of forests and forestry land:

1. The Chairman of the district People's Committee is responsible to the provincial People's Committee Chairman for forest protection and development, forest and forestry land use within the district.

a) Based on the provincial forestry development plan, establish planning and management, protection, and development of forests and forestry land use within the district, submit to the District People's Council for approval before submitting to the provincial People's Committee for review.

Guide the establishment and review of plans for forest protection and development, forest and forestry land use by commune People's Committees under the district.

b) Monitor changes in forest resources and forestry land dynamics within the district, regularly report to the provincial People's Committee.

c) Organize allocation and reclamation of forests and forestry land; issue and revoke certificates of forestry land use rights for entities within the district's decision-making authority.

d) Organize a forest protection network; mobilize forces in the area to cooperate with forest rangers to prevent all acts of destroying forests, and together with forest owners, prevent forest fires and control forest pests.

đ) Direct commune People's Committees to monitor and inspect the implementation of regulations and contracts for allocating land, allocating and contracting forests to organizations, households, and individuals within the district.

e) Issue documents within their authority to guide the implementation of state laws, policies, systems, and regulations on forest management, protection, development, and use of forests and forestry land within the district.

g) Conduct inspections and audits on compliance with laws, policies, systems, and regulations on forest management, protection, development, and use of forests and forestry land for organizations, households, individuals, and community residents within the district. Administer administrative penalties in the field of forest management and protection according to current laws.

h) Resolve disputes over forest use rights and forestry land according to the law.

2. The Department of Agriculture and Rural Development assists the district People's Committee in performing state management functions for forests.

3. The District Forest Protection Service is responsible for inspecting and supervising the implementation of laws on forest management, protection, and development within the district.

4. The Department of Land Administration assists the district People's Committee in performing state management functions for forestry land.

Article 6. Responsibilities of the commune, town, and township People's Committees (collectively referred to as commune People's Committees) for state management of forests and forestry land:

The Chairman of the commune People's Committee is responsible to the district People's Committee Chairman for forest protection and development, and forestry land use within the commune.

a) Manage forests and forestry land within the commune in terms of: List of forest owners; area and boundaries of forest zones; lease agreements for forest allocation; contracts for allocation, contracting, protection, encirclement, regeneration, and afforestation between organizations, households, and individuals within the commune.

b) Direct villages and hamlets... to build and implement village regulations on managing, protecting, constructing, and using forest zones within the commune in accordance with current laws.

c) On the basis of the planning of the district, establish plans for forest protection, development, utilization, and forestry land use, develop schemes for allocating forests and forestry land to be submitted to the People's Council of the commune for approval before submitting to the district People's Committee for review; organize the implementation of the allocation of forestry land to organizations, households, and individuals according to the directives of the district People's Committee, and confirm the boundaries of forests and forestry land of the forest owners on-site.

d) Monitor the evolution of forest resources, changes in forestry land, and report to the district authority; regularly inspect the use of forests and forestry land by organizations, households, and individuals within the commune.

e) Coordinate with forest rangers and police and military forces in the area to organize mass forces to protect the forest in the commune, detect and promptly prevent acts of infringement and destruction of the forest.

g) Promote, mobilize, and guide the people to implement fire prevention and firefighting measures in the forest, mobilize various forces to assist the forest owners in firefighting activities in the commune.

h) Impose administrative penalties in the field of forest management and protection within the scope of authority.

i) Mediate disputes over forests and forestry land within the commune.

Article 7. This Decision takes effect fifteen days from the date of signature; all previous regulations contrary to this Decision shall be abolished.

Article 8. The Ministers of the Ministries, the Heads of agencies at the ministerial level, the Heads of government agencies, and the Chairmen of the People's Committees of the provinces and centrally-administered cities are responsible for organizing the implementation of this Decision./.