Circular No. 56/1999/TT-BNN/KL guiding the development of community agreements for forest protection and development in village, hamlet, commune, and ward communities.

CIRCULAR

Guidelines for drafting Village Forest Protection and Development Agreements

within rural community villages, hamlets, and settlements

Implementing Decree No. 29/1998/NĐ-CP dated May 11, 1998 of the Government on the promulgation of democratic regulations to be implemented at commune level, after exchanging opinions with the Ministries of Justice, Culture, Sports and Tourism, and the Civil Service Committee of the Government, and the Ministry of Agriculture and Rural Development, guidelines for drafting village forest protection and development agreements are as follows:

I. REQUIREMENTS FOR DRAFTING FOREST PROTECTION AND DEVELOPMENT AGREEMENTS

1- Law recognizes village agreements of villages, hamlets, and settlements (hereinafter referred to collectively as villages) as internal behavioral norms agreed upon by the majority and voluntarily adhered to by the community. Provisions regarding forest protection and development in village agreements must comply with the policies of the Party and conform to legal regulations; they should also build upon and promote good local customs and traditions.

2- Eliminate superstitious customs, illegal fines, and practices that cause division and undermine community solidarity.

3- The contents of the agreement concerning forest protection and development must be clear, understandable, and feasible.

II. MAIN CONTENTS ON FOREST PROTECTION AND DEVELOPMENT IN VILLAGE AGREEMENTS

Depending on the economic and social conditions, customs, and specific characteristics of each village, the forestry officer responsible for the area will suggest and discuss with the village chiefs to determine and select basic contents in the fields of forest protection and development at the local level, arranging them in order of importance and methods of resolution to present to the village community for consideration and consensus in the agreement.

The main issues to be discussed when drafting agreements on forest protection and development include:

1- Rights and obligations of all members of the community in protecting and developing forests, and preserving the living environment. Effectively implement the movement "Planting Trees Year-Round in Memory of Uncle Ho," encouraging community provisions in the agreement about good customs, such as planting commemorative trees in designated places like "Happy Garden," "Uncle Ho Memorial Garden," "School Garden," etc.

2- Regarding shifting cultivation and slash-and-burn agriculture within the village area, in addition to committing to comply with state regulations, villages may stipulate matters related to intensive farming, intercropping, and increasing crop yields.

3- Regulations on forest protection and mobilizing internal resources to care for, nurture, and develop communal forests, important watershed forests, historical, scenic, and religious forests of the community.

4- On logging, buying, selling, and transporting timber and forest products.

5- On protecting, hunting, trapping, and using wild animals.

6- On grazing livestock in the forest.

7- On fire prevention, firefighting, and the use of fire in the forest, as well as issues related to pest control.

8- On organizing and implementing forest protection contracts; allocating forest land to individual community members for protection, business operations, afforestation, and integrated agricultural and forestry production.

9- Issues related to the use, breeding, and propagation of tree species in forestry production to ensure the effectiveness of forest business operations.

10- On detecting and preventing factors that harm the forest, including individuals from other areas who come to the village area to illegally clear forests, log, buy, sell, transport, hunt, trap, and use wildlife, and the act of harboring such illegal activities.

11- On mutual assistance and support among community members in the field of forest protection and development, and organizing production services and product consumption.

12- Forest protection and development are not solely internal affairs of individual villages; therefore, the agreement should address aspects of cooperation between villages to ensure effective management, protection, and development of forests.

13- Village agreements may stipulate how the community will handle violations in the field of forest protection and development, such as compensation and penalties, but the resolution process at the village level should primarily involve education, persuasion, mediation, and reconciliation, and must comply with specific village circumstances and not contravene legal regulations.

14- Public welfare matters of the village regarding forest protection and development, such as organizing forest patrols and firefighting teams, may stipulate the voluntary contribution of the people, but must adhere to the principle of voluntarism and comply with the provisions of Decree No. 29/CP dated May 11, 1998 of the Government on the implementation of democratic regulations at the commune level.

III. ORGANIZATION OF THE DRAFTING OF FOREST PROTECTION AND DEVELOPMENT AGREEMENTS

1- Before organizing the drafting of village forest protection and development agreements, the forestry officer advises the People's Committee of the commune, exchanges and reaches consensus with the village chiefs on the contents to be presented at the village meetings for discussion, voting, and commitment to implementation.

2- The village chief convenes meetings in two forms: a general assembly of villagers or a meeting of family representatives in the village.

The meeting procedure is as follows:

a. The village chief presents the contents to be included in the forest protection and development agreement for villagers to discuss, vote openly on each section, and approve the overall agreement; the minutes of the meeting must be recorded fully and truthfully, signed by the village chief and the meeting secretary. These minutes are sent along with the draft agreement to the People's Council and the People's Committee of the commune.

b. If more than two-thirds of the attendees agree with the agreement contents, the People's Council of the commune will review and recommend approval by the Chairman of the People's Committee of the district.

3- After the Chairman of the People's Committee of the district approves the village forest protection and development agreement, the People's Committee of the commune organizes a public meeting in the village to announce the agreement contents and implementation measures.

4- The village elects a Forest Protection and Development Team and People's Inspectorate Members to organize and supervise the implementation of the agreement.

4 - Commune or village shall elect a Forest Protection and Development Team and People's Inspectorate Members to organize and supervise the implementation of such conventions.

5- In case of disputes or violations in the field of forest protection and development, if they fall within the internal regulations of the community as stipulated in the village or commune conventions, they shall be reminded and resolved through negotiation and mediation within the community. If the acts and levels of violation are defined by law to be subject to administrative handling or criminal prosecution, the village head shall prepare a report and submit it to the People's Committee of the commune while simultaneously informing the Forest Rangers in the area for further action.

6- The resolutions of the Village Meetings considering and resolving violations of the village conventions by households or individuals within the village or commune shall be valid when at least a majority of those present agree and such resolutions do not contravene state regulations.

IV. IMPLEMENTATION

The Ministry of Agriculture and Rural Development assigns the Forest Protection Department to direct the implementation of this Circular, monitor and conduct regular inspections, and compile reports to submit to the Ministry.

The Forest Protection Branches of the provinces and centrally governed cities shall closely cooperate with the Departments of Agriculture and Rural Development, Justice, Culture and Information, and the Provincial Government Organization Board to guide the establishment of community conventions on forest protection and development in villages and communes according to this Circular, in compliance with legal provisions, natural conditions, socio-economic circumstances, and customs and traditions of each ethnic group.

During the implementation process, if there are any difficulties, they should be reported to the People's Committees at all levels, the Departments of Agriculture and Rural Development, and the Forest Protection Branches for consideration and resolution by the Ministry of Agriculture and Rural Development.