Decision No. 44/2016/QD-TTg on the dedicated forest protection force of the forest owner 44/2016/QĐ-TTg

✦ 스마트 요약

Decision No. 44/2016/QD-TTg stipulates the dedicated forest protection force of the forest owner, including organization, tasks, powers, training, and equipment. The document applies to management boards of special-use forests and protective forests without forestry inspection organizations, and enterprises allocated forest land.

적용 범위

["Management board of special-use forests", "Management board of protective forests without forestry inspection organizations", "Enterprises and organizations allocated or leased forests and forest land by the state"]

핵심 사항

Forest owners must establish a dedicated forest protection force (Article 4).
Dedicated forest protection officers must have good moral character, be of appropriate age, and in good health (Article 4).
The dedicated forest protection force carries out patrol, inspection, and prevention of violations of laws on forest management and protection (Article 5).
Forest owners must provide uniforms, communication devices, and support tools for the dedicated forest protection force (Articles 7-8).
Operating costs of the dedicated forest protection force are the responsibility of the forest owner to provide (Article 9).

🌐 이 문서의 사회적 영향

Management boards of special-use forests and enterprises allocated forest land will have additional resources to more effectively protect the forest.
Local residents, particularly ethnic minority groups, have opportunities to participate in forest protection work.
Forest management and protection will be more rigorous and effective due to cooperation among functional forces.

❓ 자주 묻는 질문

Which forest owners must establish a dedicated forest protection force?

Management boards of special-use forests, management boards of protective forests without forestry inspection organizations, and enterprises allocated or leased forests and forest land by the state.

What conditions must dedicated forest protection officers meet?

They must have good moral character, be at least 18 years old, in good health, and preference is given to local and ethnic minority individuals.

What support tools are provided to the dedicated forest protection force?

Rubber bullets, pepper spray; electric batons, rubber batons; pepper spray; bulletproof vests, knife-catching gloves; helmets resistant to bullets.

What responsibilities does the forest owner have towards the dedicated forest protection force?

Directly manage and direct their activities and ensure salary, social insurance, and healthcare benefits for them (Article 11).

When does this decision take effect?

From December 5, 2016.

전문

Pursuant to …;

concerning the dedicated forest protection force of the forest owner.

________________________

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Forest Protection and Development Law 2004;

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

At the proposal of the Minister of Agriculture and Rural Development;

The Prime Minister issues this Decision on the dedicated forest protection force of the forest owner.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the organization, duties, powers, training, professional instruction, and treatment for the dedicated forest protection force of the forest owner.

Article 2. Applicability

This Decision applies to:

1. Special-use forest management boards and protective forest management boards shall not have forestry inspection organizations.

2. Enterprises and organizations that are not part of the armed forces and are granted or leased forests and forest land by the State.

3. Agencies, organizations, and individuals related to the activities of the dedicated forest protection force.

Article 3. Principles of operation of the dedicated forest protection force

1. The dedicated forest protection force must comply with the provisions of this Decision and other relevant laws.

2. The dedicated forest protection force shall be established and directly managed by the forest owner; it shall be guided professionally in forest management and protection by the local forestry inspection agency.

Chapter II

ORGANIZATION OF THE FORCE, DUTIES AND POWERS OF THE DEDICATED FOREST PROTECTION FORCE

Article 4. Dedicated forest protection force

1. Forest owners specified in Clause 1 and 2, Article 2 of this Decision shall establish a dedicated forest protection force.

2. Criteria for personnel assigned to the dedicated forest protection force

a) They must have good moral qualities;

b) At least 18 years old, having sufficient health to meet the requirements of forest protection work;

c) Preference shall be given to ethnic minority people and residents living in the area, those who have been trained or further educated in forest management and protection.

Article 5. Duties and powers of the dedicated forest protection force

1. Duties:

a) Patrol, inspect, and prevent acts of deforestation, illegal logging, hunting of wild animals, encroachment on forests and forest lands, and other violations of the law on forest protection and development within the assigned area;

b) Implement fire prevention and firefighting measures;

c) Timely report to the forest owner and competent authorities about the situation of the assigned forest protection; strictly comply with legal regulations; be subject to direct command and management by the forest owner and professional guidance and supervision by the forestry inspection agency;

d) Carry out other tasks assigned by the forest owner.

2. Authorities

When discovering violations of forest management and protection within the assigned area, the dedicated forest protection force has the responsibility to prepare an initial inspection record, protect the scene and evidence of the violation, promptly report to officials and competent authorities to prepare an enforcement record according to regulations; if necessary, they may use support tools as prescribed in Clause 2, Article 7 of this Decision and in accordance with the law.

3. While performing their duties, members of the dedicated forest protection force must wear uniforms as prescribed.

Chapter III

TRAINING, INSTRUCTION ON PROFESSIONAL SKILLS AND EQUIPMENT FOR THE DEDICATED FOREST PROTECTION FORCE

Article 6. Training and professional instruction for the dedicated forest protection force

1. The dedicated forest protection force shall be trained and instructed in professional skills regarding forest management, protection, and development; priority shall be given to patrol, inspection, forest protection, fire prevention and firefighting, pest control, prevention and suppression of illegal acts, and the management and use of support tools.

2. The Ministry of Agriculture and Rural Development shall provide detailed guidance on organizing training and professional instruction for the dedicated forest protection force.

Article 7. Equipment for specialized forest protection forces

1. The specialized forest protection forces shall be equipped by the forest owners with communication devices, means of firefighting, forest pest control, and other equipment directly serving forest management and protection activities.

2. The specialized forest protection forces may use certain types of support tools, including: rubber bullet guns, pepper spray guns, and other types of ammunition for these guns; electric batons, rubber batons; pepper spray devices; bulletproof vests, knife-catching gloves; bulletproof helmets.

Article 8. Uniforms for specialized forest protection forces

1. The specialized forest protection forces shall be provided with uniforms and other personal protective equipment by the forest owners to carry out patrol and forest protection activities.

2. The Ministry of Agriculture and Rural Development shall provide detailed guidance on uniforms for specialized forest protection forces.

Article 9. Funding for activities of specialized forest protection forces

1. For state-owned enterprises that operate specialized forest protection forces, the forest owners shall develop annual funding plans and implement them according to Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the mechanism of self-management of state-owned enterprises.

2. For business entities, the operational costs of specialized forest protection forces shall be accounted for in the production and business operations of the entity.

3. For other organizations, they shall comply with current laws.

Chapter IV

IMPLEMENTATION

Article 10. 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 organization of training and professional instruction, and uniform provision for specialized forest protection forces;

b) Direct the Forest Rangers to cooperate with forest owners to organize inspections, prevent, and handle violations of laws related to forest management and protection;

c) Direct and supervise the implementation of this Decision.

2. Relevant ministries and sectors shall coordinate with the Ministry of Agriculture and Rural Development and provincial People's Committees to implement this Decision in accordance with their functions and tasks.

3. Provincial People's Committees

a) Direct local specialized agencies and forest owners to organize specialized forest protection forces in accordance with this Decision;

b) Direct provincial and district People's Committees, Forest Rangers, Military Forces, Police, Self-Defense Militia, and other forces within their jurisdiction to cooperate effectively with specialized forest protection forces to implement forest protection and firefighting activities.

Article 11. Responsibilities of forest owners

1. Directly manage and guide the activities of specialized forest protection forces. Accept professional guidance from the local Forest Ranger agency.

2. Ensure salary, social insurance, health insurance, and other benefits for specialized forest protection forces; organize the development of specialized forest protection forces with sufficient capacity and qualities to meet forest protection requirements.

3. Coordinate with Forest Rangers, Police, Self-Defense Militia, and relevant organizations and individuals to perform forest protection duties.

Article 12. Effective Date

1. This Decision takes effect from December 5, 2016.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decision./.