Decision No. 39/2009/QD-TTg Issuing the Regulation on Coordination between Forest Rangers and Self-Defense Forces in Forest Protection Work

Pursuant to …;

Issuing the Regulation on Coordination between Forest Rangers and Self-Defense Militia Forces in Forest Protection Work 

____________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Forest Protection and Development 2004 and the Ordinance on Self-Defense Militia 2004;
Considering the proposal of the Minister of Agriculture and Rural Development and the Minister of National Defense,

Pursuant to …;

Article 1. This Decision promulgates the Regulation on Coordination between Forest Rangers and Self-Defense Militia Forces in Forest Protection Work attached hereto.

Article 2. The Minister of Agriculture and Rural Development and the Minister of National Defense shall within their respective functions and powers guide, inspect, and urge the implementation of this Decision.

Article 3. This Decision takes effect from May 20, 2009.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government, and relevant organizations and individuals are responsible for implementing this Decision.

 

REGULATIONS

 Coordination between forest rangers
and self-defense militia forces in forest protection work
(Attached to Decision No. 39/2009/QĐ-TTg
dated March 9, 2009 of the Prime Minister)
(Attached to Decision No. 39/2009/QĐ-TTg dated March 9, 2009 of the Prime Minister)

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Regulation stipulates the coordination between forest rangers and self-defense militia forces in performing forest protection tasks, contributing to ensuring national defense and security by unifying actions, mobilizing the combined strength of both forces along with other forces, levels, related agencies, and the entire population in forest protection work.

Article 2. Principles of Coordination

Article 1. Activities coordinating the performance of forest protection tasks between forest rangers and self-defense militia forces are placed under the leadership of the Party committee at the same level and managed and directed by the People's Committee at the same level; it promotes the strength of the entire people and of political-social organizations, occupational social organizations related according to the provisions of the law.

Article 2. Ensuring centralized and unified command and direction of each force according to its functions, tasks, authorities, and organizational structure of forest rangers and self-defense militia forces from the central level to local levels.

Article 3. Ensuring unity, mutual support in performing assigned tasks, but not creating obstacles in the performance of individual tasks and internal affairs; maintaining confidentiality about forces, means, and operational methods in handling situations according to state regulations.

Article 4. Handling violations in forest management, protection, and forest product management must be resolute and proactive, respecting the rights and legitimate interests of agencies, organizations, and individuals according to the law.

Article 3. Command Mechanism when Implementing Coordination

Clause 1. The coordinated forces must comply with the unified command of the authorized person according to the specific coordination plan to resolve forest protection cases approved by the People's Committee at the same level.

Clause 2. In case of handling urgent forest protection matters, if the authorized forestry agency requests the self-defense militia force to coordinate with forest rangers to carry out ambushes, pursuit, escort of individuals violating forest laws, transporting contraband items and vehicles, patrolling, and checking forest protection and firefighting according to the forestry agency's plan, then the head of the forestry agency will command.

Clause 3. In case the authorized person of the self-defense militia force requests the forest ranger force to coordinate with the self-defense militia force to carry out ambushes, pursuit, and escort of individuals violating other laws within the authority of the self-defense militia force according to the self-defense militia force's plan, then the head of the self-defense militia force will command.

Chapter 2.
CONTENTS OF COORDINATION

Article 4. Coordination in Propaganda, Training, and Instruction Work

1. Annually, the Forest Protection Agency shall take the lead and coordinate with the People's Militia agency at the same level to develop a plan for propaganda, training, and instruction on forest protection to be submitted to the competent authority for approval.

After the plan has been approved, the coordination in the implementation of propaganda, training, and instruction work shall proceed as follows:

a. The Forest Protection Department shall take the lead and coordinate with the People's Militia Department to guide and inspect the organization of the plan for coordinating the two forces at the local level.

b. The Forest Protection Sub-department shall take the lead and coordinate with the Provincial Military Command to implement the propaganda, training, and instruction plan within the provincial area; direct and instruct the Forest Protection Stations at the district level to take the lead and coordinate with the District Military Commands to implement the plan within the district area.

2. The Forest Protection Agency and the People's Militia agency at the same level shall unify the content of training and instruction, compile lecture materials, and establish detailed plans for organizing implementation (location, time, learner population), lecturers for each training course.

3. The Heads of the Forest Protection Stations at the district level shall direct the forest rangers to coordinate with the grassroots People's Militia force to advise the Chairpersons of the People's Committees at the commune level on the plan for propaganda and dissemination of policies and laws on forest protection and development at the grassroots level and in the community.

Article 5. Information Exchange

1. Information exchange and processing must ensure confidentiality, accuracy, and timeliness. When there are differing information regarding incidents or phenomena, both sides must cooperate to verify and reach a unified conclusion before reporting to higher authorities and the competent authority for resolution. In cases of emergency or necessity, reports may bypass levels but must be reported to the immediate superior authority and the competent authority for resolution within three hours from the time of bypassing.

2. Content of Information Exchange between the Forest Protection Agency and the People's Militia Agency

a. The Forest Protection Agency shall proactively exchange with the People's Militia Agency at the same level the following information:

- The situation of forest protection within the management scope;

- Hotspots and clusters related to illegal deforestation, logging, and wildlife trade; key areas concerning forest fires, species, and areas at high risk of fire and anticipated scenarios for potential forest fires to prepare plans for coordinated prevention and firefighting activities;

- The situation of land allocation, forest allocation, shifting cultivation, and forest pests;

- The inspection plan for forest protection activities by the Forest Protection Agency and the Steering Committee, Command for urgent issues related to forest protection and firefighting;

- Other contents related to forest protection, development, and the cooperation situation between the two forces.

b. The People's Militia Agency shall proactively exchange with the Forest Protection Agency at the same level the following information:

- The situation of forest protection within the operational scope of the People's Militia Agency;

- The plan for coordination between the People's Militia Agency and the Forest Protection Agency in forest protection activities.

Article 6. Information Exchange Situation

1. Information exchange between the Forest Protection Force and the People's Militia Force shall be conducted through briefing sessions or in writing.

a. Briefing session between the Forest Protection Department and the People's Militia Department: at least once per year.

b. Briefing session between the Forest Protection Force and the People's Militia Force at various levels in the locality:

- For the provincial level: at least once every six months.

- For the district level: at least once every three months.

2. In case of urgent tasks or complex, critical situations, all levels must immediately notify each other using appropriate methods such as telephone, email, or sending documents.

3. Contents of Briefing Sessions

a. Briefing session between the Forest Protection Department and the People's Militia Department: review and evaluate the implementation of coordination between the two forces nationwide according to the provisions of this Regulation; determine effective coordination measures for the subsequent period;

Within five working days after the end of the briefing session, the two Departments must jointly report the results of the briefing session to the leadership of the Ministry of Agriculture and Rural Development and the Ministry of National Defense.

b. Briefing session between the Forest Protection Agency and the Military Agencies at various levels in the locality: review and evaluate the implementation of coordination between the two units according to the provisions of this Regulation; determine effective coordination measures for the subsequent period;

Within five working days after the end of the briefing session, the results of the briefing session must be reported to the immediate superior management agency. For provincial-level briefings, the Forest Protection Sub-department shall also send the report to the Forest Protection Department, the Provincial Military Command, and the People's Militia Department.

4. Briefing sessions between the Forest Protection Agency and the People's Militia Agency at the same level shall be organized alternately. The leading unit of the briefing session shall be responsible for compiling the report, arranging appropriate funds, time, and location to ensure the effectiveness of the briefing session.

Article 7. Cooperation activities for forest protection between the Forest Protection Authority and the People's Militia at the same level

The Forest Protection Authority shall take the lead and cooperate with the People's Militia to implement the following forest protection and development activities:

1. Fire prevention and firefighting training exercises

Annually, at the beginning of the peak fire season, the Forest Protection Authority shall take the lead and cooperate with the People's Militia to organize fire-fighting training and drills for both the Forest Protection Authority forces and the People's Militia forces.

2. Forest firefighting

In every case of forest fire, all forces must immediately engage in firefighting while simultaneously informing the cooperating unit, local authorities, and relevant agencies.

In cases where it is necessary to mobilize firefighting forces and equipment according to the law, the Forest Protection Authority shall cooperate with the military authority at the same level to advise the People's Committee at the same level on mobilizing firefighting forces and equipment to participate in firefighting and mitigating the aftermath of forest fires.

3. Organizing inspections and crackdowns on organizations and individuals involved in deforestation

a. Inspecting and cracking down at key areas of law violations related to forest protection;

b. Deploying forces at forest gate stations, traffic points, and centralized processing and trading sites for forest products;

c. Pursuing and apprehending individuals who flee, dispose of evidence, or obstruct law enforcement officers;

d. Inspecting and dismantling, destroying various types of traps, hunting, shooting, capturing, slaughtering wild animals, and using illegal hunting firearms.

4. Verifying information related to administrative penalties against individuals and organizations that violate administrative regulations in the field of forest management and forest product management.

5. Enforcing administrative penalty decisions and clearing areas of illegally felled forests according to the law.

Article 8. Cooperation activities between the People's Militia at the commune level and the Forest Protection Authority in the area

1. Responsibilities of the People's Militia at the commune level

a. Understanding the allocation of each type of forest area and the changes in the forest situation within the area;

b. Cooperating with the Forest Protection Authority at the commune level to patrol and inspect forest protection work and participate in resolving "hot spots" and specific incidents related to forest protection in the locality;

c. When performing tasks to patrol and inspect local public order and security situations, they must combine this with patrolling and inspecting forest protection work. If they discover organizations or individuals violating forest laws within the area, they must prepare a report and immediately inform the Chairman of the People's Committee at the commune level and the Forest Protection Authority for handling.

2. Responsibilities of the Forest Protection Authority at the commune level

a. Regularly exchanging and providing information to the Commune Militia Commander about the allocation of each type of forest area, the changes in the forest situation within the commune, and state regulations on forest protection and development;

b. Taking the lead and cooperating with the Commune Militia Commander to advise the Chairman of the People's Committee at the commune level on developing plans for patrolling and inspecting forest protection work in the locality;

c. Taking the lead and cooperating with the Commune Militia Commander or advising the Chairman of the People's Committee at the commune level on handling organizations and individuals who violate forest laws within the area.

d. Taking the lead and cooperating with the Commune Militia Commander or advising the Chairman of the People's Committee at the commune level on organizing annual reviews of the implementation of forest protection work.

Article 9. Coordination in mid-term review and final assessment of the Implementation Regulation

1. Time for mid-term review and final assessment

a. Mid-term review shall be conducted annually in the fourth quarter;

b. Final assessment shall be conducted every five years.

2. Forms of mid-term review

a. The Forest Protection Department and the People's Militia Self-Defense Department shall oversee and direct provincial forest protection agencies and provincial military agencies to organize mid-term reviews;

b. Provincial and district-level forest protection agencies shall coordinate with military agencies at the same level to organize mid-term reviews;

c. People's Committees at the commune level shall organize mid-term reviews.

3. Forms of final assessment

a. The Forest Protection Department shall cooperate with the People's Militia Self-Defense Department to advise the leadership of the two Ministries or the Prime Minister to organize the final assessment;

b. Provincial and district-level forest protection agencies shall cooperate with military agencies to advise the People's Committees at the same level to organize the final assessment.

Chapter 3.
REGIME, POLICY, AND FUNDS TO ENSURE COORDINATION AND ORGANIZATION OF IMPLEMENTATION

Article 10. Regime and policy

1. Regime and policy for forest protection forces

Civil servants, public officials, and contractual workers in forest protection agencies who collaborate with militia self-defense forces to protect and develop forests shall enjoy the regime and policies stipulated in Article 17 of Decree No. 119/2006/NĐ-CP dated October 16, 2006 of the Government on the organization and operation of Forest Protection and other related guiding documents issued by competent state authorities.

2. Regime and policy for militia self-defense forces

Cadres and soldiers of militia self-defense forces who participate in collaborating with forest protection forces to protect and prevent forest fires shall enjoy the regime and policies as prescribed in Decree No. 184/2004/NĐ-CP of the Government dated November 2, 2004 detailing the implementation of the Militia Self-Defense Law and other related guiding documents issued by competent state authorities.

3. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of National Defense to provide detailed guidance on the regime and policy for forest protection forces and militia self-defense forces.

Article 11. Sources of funds to ensure implementation of coordination

1. Funds for collaboration between forest protection forces and militia self-defense forces in forest protection and fire prevention activities at all levels shall be allocated within the regular budget (fire prevention and firefighting budget) of forest protection agencies at all levels; the settlement of these funds shall be carried out according to current regulations of the State.

2. Provincial People's Committees shall be responsible for allocating into the annual local state budget (allocated within the budget for economic affairs expenses) to ensure sufficient funding for effective collaboration between forest protection forces and militia self-defense forces in the locality.

3. The budget shall cover the following items:

a. Propaganda, training, and instruction on forest protection and development;

b. Organizing inter-level meetings;

c. Review and assessment work;

d. Mobilizing forces to perform tasks;

đ. Procurement of equipment and devices for drills and training;

e. Drills and training;

g. Building model units;

h. Developing plans and programs;

i. Other expenditures as stipulated in this regulation.

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of National Defense to provide detailed guidance on the resolution of funds for forest protection forces and militia self-defense forces to organize collaborative activities as prescribed in this Regulation.

Article 12. Establishing the budget for implementing the Coordinating Regulations

1. At the Central Level

a. Annually, the Forest Protection Department shall establish the budget for expenditures on activities under this regulation together with the regular expenditure budget to be reported to the Ministry of Agriculture and Rural Development for review and consolidation into the Ministry's budget, which will then be submitted to the Ministry of Finance and the Ministry of Planning and Investment for consideration and consolidation, and presented to the Government for submission to the National Assembly for approval;

b. Annually, the People's Militia Self-Defense Department shall establish the budget for expenditures on activities under this regulation by the Ministry of National Defense agencies and military regions together with the regular expenditure budget to be reported to the Ministry of National Defense for review and consolidation into the Ministry's budget, which will then be submitted to the Ministry of Finance and the Ministry of Planning and Investment for consideration and consolidation, and presented to the Government for submission to the National Assembly for approval.

2. At the Local Level

a. Annually, the provincial-level Forest Protection agency shall establish the budget for expenditures on activities under this regulation together with the regular expenditure budget to be reported to the Provincial Department of Agriculture and Rural Development for review and submitted to the Provincial Finance Department for examination and allocation, and reported to the Provincial People's Committee for submission to the Provincial People's Council for approval.

b. Annually, the Provincial Military Command shall establish the budget for expenditures on activities under this regulation together with the regular expenditure budget to be reported to the Provincial People's Committee and submitted to the Provincial Finance Department for examination and allocation, and reported to the Provincial People's Committee for submission to the Provincial People's Council for approval.

Article 13. Implementation Organization

The Ministry of Agriculture and Rural Development and the Ministry of National Defense shall be responsible for guiding, inspecting, urging, and delegating authority to subordinate agencies and units to implement this regulation; periodically summarizing and reporting to the Prime Minister.

Annually, the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense to organize the evaluation of the implementation of this regulation and report to the Prime Minister.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees within their respective functions, tasks, powers shall be responsible for coordinating with the Ministry of Agriculture and Rural Development and the Ministry of National Defense to organize the implementation of this regulation.