This Circular details the procedures for establishing and approving special-use forest area plans, managing activities within special-use forest areas such as scientific research, sustainable resource utilization, ecotourism, buffer zones, investment projects, and activity plans. It applies to state agencies, organizations, community residents, households, and individuals involved in special-use forest management.
Đối tượng áp dụng
State agencies, organizations, community residents, households, and individuals both inside and outside the country that have activities related to the organization and management of special-use forest systems.
Các điểm cốt lõi
- The management board of special-use forest areas must establish conservation and development plans for each ten-year period; the deadline for completion is December 2012 for forest areas without plans up to 2020.
- When adjusting the boundaries or area of functional zones or increasing the area of special-use forests, the dossier must include a current map and explanatory report. The review time shall not exceed twenty working days.
- In cases where the area of special-use forests is reduced, approval from the Prime Minister and relevant state agencies is required.
- Organizations conducting scientific research, teaching, and internships in special-use forest areas must submit their programs and proposals to the Forestry General Department for consideration. The processing time for the dossier shall not exceed five working days.
- The management board of special-use forest areas must develop a sustainable resource utilization plan and submit it to the Department of Agriculture and Rural Development or the Forestry General Department for approval. The review and approval time shall not exceed twenty working days.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening biodiversity conservation and sustainable development of forest resources.
- Negative impact: Increased costs for planning and investment projects for special-use forest areas.
- The entities most affected are the management boards of special-use forest areas, competent state agencies, and communities living in buffer zones.
❓ Câu hỏi thường gặp
What should the management board of special-use forest areas do to establish a plan?
The management board must establish a conservation and development plan for each ten-year period, review spatial plans, and complete by December 2012 if there is no plan up to 2020.
What must be included when adjusting the boundaries of special-use forest areas?
The adjustment dossier must include a proposal letter, a current map before and after adjustment, and an explanatory report on the adjustment. The review time shall not exceed twenty working days.
Are there any regulations regarding the sustainable use of special-use forest resources?
The management board of special-use forest areas must develop a sustainable use plan including the current status, purpose, methods, and list of resource types to be used. This plan needs to be submitted to the Department of Agriculture and Rural Development or the Forestry General Department for approval.
Are there any regulations regarding ecotourism activities in special-use forest areas?
Ecotourism activities must comply with the provisions of Article 55 of Government Decree No. 23/2006/NĐ-CP and Article 23 of Government Decree No. 117/2010/NĐ-CP. The management board of special-use forest areas may organize independently or collaborate with other organizations and individuals to operate ecotourism services.
What should the management board of special-use forest areas do when developing a plan for leasing the forest environment?
The management board must develop a plan for leasing the forest environment and submit it to the Department of Agriculture and Rural Development or the Forestry General Department for approval. This plan includes the current status of resources, development plans for tourism routes, and measures to protect the forest.
Toàn văn
CIRCULAR
Implementing detailed regulations for Government Decree No. 117/2010/NĐ-CP dated December 24, 2010
on the organization and management of special-use forests
_____________________
Pursuant to Government Decree No. 01/2008/NĐ-CP dated January 3, 2008 on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; and Government Decree No. 75/2009/NĐ-CP dated September 10, 2009 amending Article 3 of Government Decree No. 01/2008/NĐ-CP dated January 3, 2008;
Pursuant to Government Decree No. 117/2010/NĐ-CP dated December 24, 2010 on the organization and management of special-use forest systems;
The Ministry of Agriculture and Rural Development hereby provides detailed implementing regulations for Government Decree No. 117/2010/NĐ-CP as follows:
Article 1. Scope of Regulation and Applicability
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
These Circulars guide and provide detailed provisions for certain Articles of Government Decree No. 117/2010/NĐ-CP dated December 24, 2010 on the organization and management of special-use forest systems (hereinafter referred to as Decree No. 117/2010/NĐ-CP).
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
These Circulars apply to state agencies, organizations, community residents, households, individuals within the country; overseas Vietnamese; foreign organizations and individuals involved in activities related to the organization and management of special-use forest systems.
Article 2. Special-use forest planning as stipulated in Article 7, Article 8, and Article 9 of Government Decree No. 117/2010/NĐ-CP
1. Planning for special-use forest areas
a) Based on the planning of special-use forest areas carried out according to Clause 1 of Article 9 of Government Decree No. 117/2010/NĐ-CP.
b) The management board of special-use forest areas shall organize the development of conservation and development plans for each ten-year period; During each development planning cycle, a review of spatial planning should be conducted if necessary.
c) For special-use forest areas that have not yet had a plan up to 2020, in 2011 and 2012, these areas shall develop conservation and development plans for the period from 2011 to 2020. The deadline for completing and approving the plan is no later than December 2012.
d) For special-use forest areas without a management board, the Department of Agriculture and Rural Development shall assign the Forest Protection Service to organize the development of plans for these areas.
đ) Title of the planning report: Report on the conservation and sustainable development planning of special-use forest areas until 2020.
e) Main contents of the planning report:
- Assessment of current natural conditions, economic, social, defense, security, natural resources, ecological characteristics, biodiversity, biological genetic resources, historical and cultural relics, landscapes;
- Argumentation of viewpoints, determination of objectives for organizing, managing, conserving, and sustainably using special-use forest areas;
- Planning of functional zones: strictly protected zone; ecological restoration zone; service-administrative zone;
- Planning of forest protection measures, ecological restoration, biodiversity conservation; protection and enhancement of natural landscapes, cultural and historical values, environment; storage and database facilities; rescue of wildlife; scientific research programs;
- Planning for the development of infrastructure for management, protection, fire prevention, and firefighting in forests; transportation systems, patrol roads; technical infrastructure for tourism and office buildings; boundaries of special-use forest areas; information systems for special-use forest areas;
- Planning for the development of eco-tourism;
- Organization of monitoring activities regarding: changes in forest resources; biodiversity; ecological restoration; utilization of forest resources and environmental services;
- Planning for the development of human resources and skills in ecosystem conservation, biodiversity, and community development;
- Planning for the development of buffer zones;
- Preliminary budget for investment in each project, total investment, identification of funding sources, and phased investment;
g) Documents for submission for review of the planning report for special-use forest areas include:
- A letter of request from the Director of the Management Board of the special-use forest area or the Provincial Forest Protection Service Director (original);
- The planning report as specified in point e, clause above (original);
- Maps including: current resource map (forest, wetland, sea) and land of the special-use forest area; conservation and development planning map; general construction planning map for infrastructure in the special-use forest area; eco-tourism and environmental service development planning map; buffer zone scope, scale, boundary, and development investment planning map (copies).
Depending on the size of the special-use forest area, the Management Board of the special-use forest area selects appropriate maps at a consistent scale of 1/5,000, 1/10,000, or 1/25,000 based on the VN2000 reference system.
The Management Board submits one set of documents directly or through postal service to the Department of Agriculture and Rural Development (for special-use forest areas under local management) or the Forestry General Department (for special-use forest areas under central management).
h) Authority responsible for reviewing and approving the planning of special-use forest areas under local management
- The Department of Agriculture and Rural Development receives the planning documents, and establishes a Review Committee comprising representatives from provincial departments and relevant organizations, and the Director of the Department of Agriculture and Rural Development serves as the Chair of the Committee.
The time to complete the review process shall not exceed twenty (20) working days from the date the Department of Agriculture and Rural Development receives the valid documents. In case the documents are incomplete, the Department of Agriculture and Rural Development must notify the Management Board of the special-use forest area within three (03) working days to complete the documents.
- The Department of Agriculture and Rural Development compiles the reviewed documents and submits them to the Ministry of Agriculture and Rural Development for consensus. The documents include: a letter of request from the Department of Agriculture and Rural Development; the special-use forest area planning report and related documents (if any). The time to complete the response document shall not exceed fifteen (15) working days from the date of receipt of valid documents. In case the documents are incomplete, the Ministry of Agriculture and Rural Development must notify the Department of Agriculture and Rural Development within three (03) working days from the date of receipt of the documents to complete them.
The provincial People's Committee decides to approve the special-use forest zoning plan based on the review results of the Department of Agriculture and Rural Development and the agreement document of the Ministry of Agriculture and Rural Development.
The time to complete the approval of the special-use forest zoning plan and deliver the result shall not exceed fifteen (15) working days from the date of receiving the dossier.
i) The agency reviewing the dossier and deciding to approve the special-use forest zoning plan under central management
- The Forestry General Department receives the zoning dossier, submits it to the Ministry of Agriculture and Rural Development to establish a Review Board for the zoning plan including representatives of agencies under the Ministry of Agriculture and Rural Development; representatives of some scientific organizations and related units; the leader of the Forestry General Department is the Chairman of the Board.
The time to complete the review shall not exceed twenty (20) working days from the date the Forestry General Department receives the valid dossier. In case the dossier is invalid, within three (03) working days, the Forestry General Department must notify the Management Board of the special-use forest area to perfect it.
- The Forestry General Department compiles the dossier after review, submits it to the Ministry of Agriculture and Rural Development for approval of the special-use forest zoning plan.
The time to complete the approval of the special-use forest zoning plan and deliver the result shall not exceed fifteen (15) working days from the date of receiving the Memorandum and dossier of the Forestry General Department.
k) In cases where during the process of developing the zoning plan, contents requiring adjustment compared to the decision establishing the special-use forest area by the competent authority appear, relevant agencies must seek opinions from the competent authority that made the establishment decision before approving the zoning plan.
l) Special-use forests with approved zoning plans prior to the effective date of this Circular, if there is no need to adjust the zoning plan, do not have to develop a new zoning plan until the end of the approved zoning period.
m) Budget for developing the special-use forest zoning plan: Local budget ensures funding for developing the special-use forest zoning plan under local management; Central budget ensures funding for developing the special-use forest zoning plan under central management.
2. Provincial-level special-use forest zoning plan
a) The provincial-level special-use forest zoning plan is only implemented in areas having two (02) or more special-use forest areas.
b) Based on the provincial-level special-use forest zoning plan implemented according to Clause 1, Article 8 of Decree No. 117/2010/ND-CP, in cases where there is no national system of special-use forest zoning plan, it shall be based on the provincial-level forest protection and development zoning plan or strategy and the results of re-examining the three types of forests already approved.
c) The Department of Agriculture and Rural Development organizes the development of the provincial-level special-use forest zoning plan up to 2020.
d) The deadline for completing the development and approval of the zoning plan is no later than June 2013.
đ) Name of the zoning report: Report on the zoning plan for the conservation and development of provincial-level special-use forests up to 2020.
e) Content and components of the dossier for review and approval of the zoning plan are carried out according to Clause 2; Point c, d Clause 3, Article 8 of Decree No. 117/2010/ND-CP.
g) Agency reviewing the dossier and deciding to approve the provincial-level special-use forest zoning plan
- The Department of Agriculture and Rural Development receives the planning documents, and establishes a Review Committee comprising representatives from provincial departments and relevant organizations, and the Director of the Department of Agriculture and Rural Development serves as the Chair of the Committee.
- The time to complete the review of the zoning plan shall not exceed twenty (20) working days from the date of receiving the valid dossier. In case the dossier is invalid, within three (03) working days from the date of receiving the dossier, the provincial People's Committee must notify the Department of Agriculture and Rural Development to perfect it.
- The time for the Ministry of Agriculture and Rural Development to consider and provide comments in writing on the provincial-level special-use forest conservation and development zoning plan shall not exceed fifteen (15) working days from the date of receiving the valid dossier transferred by the provincial People's Committee. The dossier includes: Memorandum of the provincial People's Committee; Zoning report and related documents. In case the dossier is invalid, within three (03) working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development must notify the provincial People's Committee to perfect it.
- The time for the provincial People's Committee to complete the approval of the zoning plan shall not exceed fifteen (15) working days from the date of receiving the agreement document of the Ministry of Agriculture and Rural Development.
3. National system of special-use forest zoning plan
a) Based on the national system of special-use forest zoning plan implemented according to Clause 1, Article 7 of Decree No. 117/2010/ND-CP.
b) The Forestry General Department organizes the development of the national system of special-use forest zoning plan up to 2020, with a vision to 2030.
c) The deadline for completing the development and approval of the zoning plan is no later than December 2013.
d) Name of the zoning report: Report on the zoning plan for the conservation and development of the national system of special-use forests up to 2020, with a vision to 2030.
đ) Content, review, and approval of the zoning plan: carried out according to Clause 2; Point c, d Clause 3, Article 7 of Decree No. 117/2010/ND-CP.
e) Review and submit for approval of the zoning plan
The Ministry of Agriculture and Rural Development establishes a Review Board for the zoning plan including representatives of ministries, sectors, scientific organizations, and related units. The leader of the Ministry of Agriculture and Rural Development is the Chairman of the Board.
The time to complete the review and submit to the Prime Minister for consideration and approval of the zoning plan shall not exceed twenty (20) working days from the date of receiving the valid dossier.
Article 3. Functional zones as prescribed in Article 9 of Decree No. 117/2010/NĐ-CP
1. Strictly protected zone
a) The strictly protected zone is a part of the special-use forest established with sufficient area to maintain the integrity of the natural ecosystem, primarily to meet the requirement of maintaining the natural development laws of the forest and the natural ecosystem; it is managed and protected strictly for the purpose of preserving its integrity, combined with organizing the implementation of other functions of the special-use forest as prescribed by law.
b) For a special-use forest where the entire area is terrestrial ecosystems, the location, scope, and scale of the strictly protected zone shall be determined based on the current status of the forest, natural ecosystems, and rare, precious, and endangered species of flora and fauna consistent with point a of this Clause.
c) For a special-use forest that includes wetland and marine ecosystems, the location, scope, and scale of the strictly protected zone shall be determined based on the current status of the forest, natural ecosystems, wetlands, and marine areas, topography, hydrology, flooding regime, and rare, precious, and endangered species of flora and fauna consistent with point a of this Clause.
2. Ecological restoration zone
a) The ecological restoration zone is a part of the special-use forest established to restore ecosystems primarily to meet the requirement of restoring the forest and natural ecosystems. This zone is managed with certain technical measures and conservation methods combined with organizing the implementation of other functions as prescribed by law.
b) For a special-use forest where the entire area is terrestrial ecosystems, the location, scope, and scale of the ecological restoration zone shall be determined based on the current status of the forest and natural ecosystems consistent with point a of this Clause.
c) For a special-use forest that includes wetland and marine ecosystems, the location, scope, and scale of the ecological restoration zone shall be determined based on the current status of the forest, natural ecosystems, wetlands, and marine areas, topography, hydrology, and flooding regime consistent with point a of this Clause.
3. Service-administrative zone
The service-administrative zone is a part of the special-use forest established mainly for constructing working and living facilities for the Forest Management Board, research and experimental science, rescue and development of wildlife, infrastructure serving eco-tourism, entertainment, and organizing the implementation of other functions as prescribed by law.
4. The functional zones of the special-use forest as prescribed in Clauses 1, 2, and 3 of this Article may be planned at different locations within the special-use forest. Adjustments to the planning of each functional zone are based on the characteristics, current conditions, and management purposes of the forest and are carried out after each planning period or after each review of the area of various types of forests according to the requirements of the Prime Minister.
Article 4. Adjustment of special-use forests as prescribed in Articles 17 and 18 of Decree No. 117/2010/NĐ-CP
1. Adjusting functional zones does not change the area of the special-use forest
a) Adjusting the boundaries and areas of functional zones to align with conservation goals, conservation planning, and sustainable development of the special-use forest without changing the total area of the special-use forest.
b) The adjustment dossier includes:
- A proposal for adjustment from the Forest Management Board (original);
- Current status map before adjustment and current status map of the special-use forest after adjustment clearly showing the scope, boundaries, and functional zones. Depending on the size of the special-use forest, the Forest Management Board selects appropriate maps unified at a scale of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system (copy);
- An explanatory report on the adjustment of the special-use forest (original).
The Forest Management Board submits one set of the dossier directly or through postal services to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forestry General Administration (for special-use forests under central management).
c) Authority for reviewing the dossier and approving the adjustment
- The Department of Agriculture and Rural Development receives the adjustment dossier for special-use forests under local management, establishes a Review Committee including representatives from provincial departments and organizations, and the Director of the Department of Agriculture and Rural Development serves as the Chairman of the Committee.
- The Forestry General Administration receives the adjustment dossier for special-use forests under central management, establishes a Review Committee including representatives from the Ministry of Agriculture and Rural Development and the Forestry General Administration, scientific organizations, and related units; the Leader of the Forestry General Administration serves as the Chairman of the Committee.
- The People's Committee of the province submits to the Prime Minister for approval of the adjustment of special-use forests established by the Prime Minister under local management based on the proposal of the Department of Agriculture and Rural Development and the agreement of the Ministry of Agriculture and Rural Development.
- The People's Committee of the province approves the adjustment of special-use forests established by the People's Committee of the province under local management based on the proposal of the Department of Agriculture and Rural Development and the agreement of the Ministry of Agriculture and Rural Development.
- The Ministry of Agriculture and Rural Development submits to the Prime Minister for approval of the adjustment of special-use forests established by the Prime Minister under central management based on the proposal of the Forestry General Administration.
d) Time for reviewing the dossier and approving the adjustment
- The time to complete the review of the dossier shall not exceed twenty (20) working days from the date of receiving a valid dossier.
- The time to complete the approval decision on adjusting the special-use forest area established by the Provincial People's Committee shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the unit submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
2. Increasing the area of the special-use forest zone
a) Adjusting the boundaries to increase the area of the special-use forest zone in accordance with the conservation objectives and planning for sustainable conservation and development of the special-use forest zone.
b) The adjustment dossier includes:
The proposal for adjustment submitted by the Management Board of the special-use forest zone (original copy);
- Report on the results of investigation and research conducted by scientific organizations or consulting organizations regarding the discovery of new species, classification of endangered, precious, and rare species, scope of habitats requiring conservation, and proposed conservation measures (original copy);
- Current status map before adjustment and current status map of the special-use forest after adjustment clearly showing the scope, boundaries, and functional zones. Depending on the size of the special-use forest, the Forest Management Board selects appropriate maps unified at a scale of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system (copy);
- An explanatory report on the adjustment of the special-use forest (original).
The Forest Management Board submits one set of the dossier directly or through postal services to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forestry General Administration (for special-use forests under central management).
c) Authority for reviewing the dossier and approving the adjustment
- The Department of Agriculture and Rural Development receives the adjustment dossier for special-use forests under local management, establishes a Review Committee including representatives from provincial departments and organizations, and the Director of the Department of Agriculture and Rural Development serves as the Chairman of the Committee.
- The Forestry General Administration receives the adjustment dossier for special-use forests under central management, establishes a Review Committee including representatives from the Ministry of Agriculture and Rural Development and the Forestry General Administration, scientific organizations, and related units; the Leader of the Forestry General Administration serves as the Chairman of the Committee.
- The People's Committee of the province submits to the Prime Minister for approval of the adjustment of special-use forests established by the Prime Minister under local management based on the proposal of the Department of Agriculture and Rural Development and the agreement of the Ministry of Agriculture and Rural Development.
- The People's Committee of the province approves the adjustment of special-use forests established by the People's Committee of the province under local management based on the proposal of the Department of Agriculture and Rural Development and the agreement of the Ministry of Agriculture and Rural Development.
- The Ministry of Agriculture and Rural Development submits to the Prime Minister for approval of the adjustment of special-use forests established by the Prime Minister under central management based on the proposal of the Forestry General Administration.
d) Time for reviewing the dossier and approving the adjustment
- The time to complete the review of the dossier shall not exceed twenty (20) working days from the date of receiving a valid dossier.
- The time to complete the approval decision on adjusting the special-use forest area established by the Provincial People's Committee shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the unit submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
3. Decreasing the area of the special-use forest zone
a) The change of purpose of using the special-use forest to another non-forestry purpose can only be implemented when the national special-use forest system planning has been approved; or when the Prime Minister permits the change of purpose of using that special-use forest.
In addition to the above grounds, the change of land use purpose of the special-use forest land must also be carried out in accordance with Article 3 of Resolution No. 49/2010/QH-12 dated June 19, 2010 of the National Assembly, Session XII, concerning important national projects and works submitted to the National Assembly for investment policy decisions.
b) The dossier for reviewing the change of purpose of using the special-use forest under local management includes:
- The proposal of the Management Board of the special-use forest zone (original copy);
- Agreement document of the Ministry of Agriculture and Rural Development;
- Decision approving the environmental impact assessment report in accordance with the law (original copy);
- Investment project approved by the competent state agency (original copy);
- Land clearance and compensation plan approved by the competent state agency (original copy);
- New forest planting plan approved by the competent state agency (original copy);
- Current status map before changing the purpose of using the forest and current status map of the special-use forest zone after changing the purpose of using the forest clearly showing the scope and boundaries, functional zones. Depending on the scale of the special-use forest zone, the Management Board of the special-use forest zone selects appropriate maps at a unified scale of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system (copy).
The Management Board of the special-use forest zone under local management submits one set of dossiers directly or through postal service to the Department of Agriculture and Rural Development.
c) The dossier for reviewing the change of purpose of using the special-use forest under central management includes:
- The proposal of the Management Board of the special-use forest zone (original copy);
- Request document of the People's Committee of the province where the special-use forest zone is located (original copy);
- Decision approving the environmental impact assessment report in accordance with the law (original copy);
- Investment project approved by the competent state agency (original copy);
- Land clearance and compensation plan approved by the competent state agency (original copy);
- New forest planting plan approved by the competent state agency (original copy);
- Current status map before changing the purpose of using the forest and current status map of the special-use forest zone after changing the purpose of using the forest clearly showing the scope and boundaries, functional zones. Depending on the scale of the special-use forest zone, the Management Board of the special-use forest zone selects appropriate maps at a unified scale of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system (copy).
The Management Board of the special-use forest zone under central management submits one set of dossiers directly or through postal service to the Forest Administration General Department.
d) Agency reviewing the dossier and deciding to approve
- The Department of Agriculture and Rural Development receives the dossier for changing the purpose of using the special-use forest under local management, and establishes a Review Board including representatives of provincial departments and agencies, some scientific organizations, and related units; the Director of the Department of Agriculture and Rural Development is the Chairman of the Board.
- The Forest Administration General Department receives the dossier for changing the purpose of using the special-use forest under central management, and establishes a Review Board including representatives of agencies under the Ministry of Agriculture and Rural Development and the Forest Administration General Department, some scientific organizations, and related units; the Leader of the Forest Administration General Department is the Chairman of the Board.
- The Prime Minister decides on the change of purpose of using the special-use forest zone established by the Prime Minister.
- The Chairman of the People's Committee of the province decides on the change of purpose of using other special-use forest zones.
đ) Time for review and approval decision
- The time to complete the review of the dossier shall not exceed twenty (20) working days from the date of receiving a valid dossier.
- The time to complete the approval decision on changing the purpose of using the special-use forest by the People's Committee of the province shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
Article 5. Scientific research, teaching, and internships in special-use forests involving foreign organizations and individuals as stipulated in Article 20 of Decree No. 117/2010/NĐ-CP
1. Organizations conducting scientific research, educational institutions, scientists, students from foreign countries or those involving foreign organizations and individuals must submit their research programs, projects, and scientific topics for teaching and internships to the Forest Management总局在此处省略了翻译,以下是根据规则直接翻译剩余部分:
2. Scientific research topics, teaching, and internships in special-use forests must clearly demonstrate their urgency, objectives, contents, methods of collecting specimens and genetic resources of specific species, and the duration of each program, project, and topic.
3. The scientific research dossier includes:
a) A request letter from the research organization, educational institution, or internship unit (original);
b) Research programs, projects, and topics approved by competent authorities (at school or institute level and above), ensuring the requirements set out in Clause 2 of this Article (original);
c) An agreement on scientific cooperation approved by competent authorities (certified copy);
d) Copies of passports of foreign individuals participating in the scientific research team and other consular documents (if any).
Organizations and individuals must submit one complete dossier directly or through postal service to the Forest Management Department.
4. Processing time for dossiers
The Forest Management Department shall examine and complete the approval document within five (5) working days from the date of receiving a valid dossier. In case of an invalid dossier, the Forest Management Department must notify the submitting unit to rectify within three (3) working days.
5. Not later than two weeks after the completion of scientific research, teaching, and internships in special-use forests, the organization or individual responsible for the program, project, or topic must submit a report on the results of the scientific research, teaching, and internships to the Special-Use Forest Management Board and the Forest Management Department.
6. The fee for services related to scientific research, teaching, and internships in special-use forests shall be implemented according to the agreed contract between the Special-Use Forest Management Board and the research organizations and individuals. The management and utilization of such revenue shall comply with state regulations on financial management for self-financing units.
Article 6. Sustainable use of resources as stipulated in Article 21 of Decree No. 117/2010/NĐ-CP
1. The Special-Use Forest Management Board shall prepare a proposal for sustainable resource use in special-use forests.
2. Types of resources that can be sustainably used include:
- Forest resources as defined in Article 21 of Decree No. 117/2010/NĐ-CP;
- Wetland and marine resources as prescribed by law;
- Aesthetic values of natural landscapes, representative values of ecosystems, and biodiversity in special-use forests to implement forest environmental service payment policies as stipulated in Decree No. 99/2010/NĐ-CP dated September 24, 2010 of the Government.
3. Principles of sustainable resource use in special-use forests: Ensuring conservation and sustainable development goals for natural resources, biodiversity, landscapes, environment, and other functions of special-use forests.
4. Main contents of the proposal for sustainable resource use include:
a) Current status, distribution, stock, or population size, and potential for use of various types of resources;
b) Objectives, methods, and approaches for sustainable resource use;
c) List of types of resources that can be sustainably used;
d) Management and monitoring of sustainable resource use;
e) Effectiveness, implementation organization, and benefit sharing of sustainable resource use.
5. Dossier for review of the proposal for sustainable resource use includes:
- Prime Minister's directive on the policy of sustainable resource use (if applicable);
- The proposal of the Management Board of the special-use forest zone (original copy);
- Request letter from the Department of Agriculture and Rural Development (original);
- Agreement document of the Ministry of Agriculture and Rural Development;
- Proposal for sustainable resource use as stipulated in Clause 4 of this Article.
The Special-Use Forest Management Board must submit one complete dossier directly or through postal service to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forest Management Department (for special-use forests under central management).
6. Authority for dossier review and approval decision:
a) Authority for dossier review
- The Department of Agriculture and Rural Development receives dossiers for reviewing proposals for sustainable use of forest resources and other types of resources in special-use forests under local management, and establishes a Review Committee comprising representatives from provincial departments and relevant organizations; the Director of the Department of Agriculture and Rural Development serves as the Chairman of the Committee.
- The Forest Management Department receives dossiers for reviewing proposals for sustainable use of forest resources and other types of resources in special-use forests under central management, and establishes a Review Committee comprising representatives from ministries under the Ministry of Agriculture and Rural Development, relevant organizations, and related units; the leader of the Forest Management Department serves as the Chairman of the Committee.
b) Authority for approval decision
- The Department of Agriculture and Rural Development compiles dossiers after review and submits them to the Provincial People's Committee for approval of proposals for sustainable use of forest resources and other types of resources in special-use forests under local management.
- The Forest Management Department compiles dossiers after review and submits them to the Ministry of Agriculture and Rural Development for approval of proposals for sustainable use of forest resources and other types of resources in special-use forests under central management.
c) Time limit for dossier review and approval decision
- The time to complete the review of the dossier shall not exceed twenty (20) working days from the date of receiving a valid dossier.
- The time to complete the approval decision shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
7. The competent authority approving the proposal for sustainable resource use as stipulated in Clause 6 of this Article shall organize inspections and supervision to ensure compliance with the approved proposal and legal provisions.
8. The budget for preparing proposals on sustainable use of natural resources in special-use forests shall be balanced within the annual financial plan in accordance with current State regulations.
Article 7. Forest environmental services as stipulated in Article 22 of Decree No. 117/2010/NĐ-CP
1. Types of forest environmental services as prescribed in Decree No. 99/2010/NĐ-CP dated September 24, 2010 of the Government shall be implemented in accordance with the guidelines and current regulations of the Ministry of Agriculture and Rural Development and the Ministry of Finance.
2. Management boards of special-use forests shall comply with the financial management regime for payment for forest environmental services as provided for in Article 36 of Decree No. 117/2010/NĐ-CP dated December 24, 2010 and Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government regarding autonomy and responsibility for performing tasks, organizational structure, staffing, and finance for public service units and any replacement decrees; among which, revenues from providing forest environmental services must prioritize activities for forest protection and nature conservation.
3. For cases of providing other types of forest environmental services (which do not contravene the provisions of Decree No. 99/2010/NĐ-CP), such as leasing forest environments for scientific research or other business purposes: Management boards of special-use forests shall prepare plans to submit to the provincial People's Committee for approval (for special-use forests under local jurisdiction) or to the Forestry General Department for approval (for special-use forests under central jurisdiction).
4. Main contents of the forest environmental service plan include:
a) Current status of forests, land, functional zones, and relevant characteristics related to forest environmental services; potential for payment for forest environmental services;
b) Determination of types of forest environmental services through direct payment methods; determination of revenue sources from payment for forest environmental services;
c) Determination of linkage, benefit-sharing, management, and utilization methods for payments for forest environmental services;
d) Determination of payers for forest environmental service payments;
đ) Determination of beneficiaries from forest environmental services and methods, measures for payment for forest environmental services.
5. Authority for reviewing applications and approving decisions
a) The Department of Agriculture and Rural Development shall review the forest environmental service plan for special-use forests under local management and submit it to the provincial People's Committee for approval decision.
b) The Forestry General Department shall review the forest environmental service plan for special-use forests under central management and submit it to the Ministry of Agriculture and Rural Development for approval decision.
6. Time for review and approval decision
a) The time to complete the review of the application shall not exceed twenty (20) working days from the date of receipt of a valid application.
b) The time to complete the approval decision on the plan shall not exceed fifteen (15) working days from the date of receipt of the application.
In case the application is not valid, the agency receiving the application must notify the submitting agency within three (03) working days from the date of receipt of the application to complete it.
7. The budget for preparing forest environmental service plans for special-use forests shall be balanced within the annual financial plan in accordance with current State regulations. In cases of collaboration with other organizations or individuals, the budget for preparing forest environmental service plans shall be agreed upon by both parties.
Article 8. Ecotourism activities as prescribed in Article 23 of Decree No. 117/2010/NĐ-CP
1. Ecotourism activities within special-use forests must be organized and implemented in accordance with the provisions of Article 55 of 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; Article 23 of Decree No. 117/2010/NĐ-CP dated December 24, 2010 of the Government on organization and management of the special-use forest system; regulations of the Ministry of Agriculture and Rural Development on managing ecotourism activities in special-use forests; approved planning for conservation and sustainable development of special-use forests.
2. The Management Board of special-use forests may organize or collaborate with other organizations or individuals to operate resort services, ecotourism, and entertainment services; or the Management Board of special-use forests may form joint ventures with other organizations or individuals to operate resort services, ecotourism, and entertainment services under a business cooperation contract without establishing a legal entity as prescribed in Article 23 of the Investment Law (2005) and Article 9 of Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law, then the Management Board of special-use forests shall organize the preparation of an ecotourism project consistent with the approved planning for conservation and development of special-use forests.
a) The project must clearly reflect the following main contents:
- Current status of various types of tourism resources and products;
- Detailed description of routes and locations for organizing tourism; locations and scale of construction of architectural works and technical infrastructure serving tourism;
- Measures for protecting, developing forests, conserving nature, biodiversity, and environmental impact assessment;
- Methods of self-organizing ecotourism or forming joint ventures or collaborations; specifying in detail the participation of local communities linked to local culture;
- Organization of supervision of ecotourism activities;
- Investment capital, sources of capital, phased investment; profit distribution methods; management and use of income from ecotourism; obligations and rights of related parties;
- Types of unified ecotourism maps at scales of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system including: Map of current natural resource and tourism status of special-use forests; Map of planning for tourism routes and points, organization of architectural space and tourism infrastructure of special-use forests.
b) Documents submitted for project appraisal include:
- The proposal of the Management Board of the special-use forest zone (original copy);
- Project report as stipulated in point a of this Clause (original copy);
- Other relevant documents (if any).
The Special-Use Forest Management Board must submit one complete dossier directly or through postal service to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forest Management Department (for special-use forests under central management).
c) Authority for reviewing the dossier and approving the adjustment
- The Department of Agriculture and Rural Development shall appraise the ecotourism project proposal for special-use forests under its jurisdiction.
- The Forestry General Department shall appraise the ecotourism project proposal for special-use forests under central management.
- The People's Committee of the province shall decide to approve the ecotourism project proposal for special-use forests under provincial jurisdiction upon the recommendation of the Department of Agriculture and Rural Development.
- The Ministry of Agriculture and Rural Development shall decide to approve the ecotourism project proposal for special-use forests under central management upon the recommendation of the Forestry General Department.
d) Time for appraisal and approval decision
- The time to complete the appraisal of the ecotourism development project in special-use forests shall not exceed twenty (20) working days from the date of receipt of valid documents.
- The time to complete the approval decision for the ecotourism development project in special-use forests shall not exceed fifteen (15) working days from the date of receipt of the documents.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
đ) Funding for preparing the ecotourism project is balanced in the annual financial plan according to the current regulations of the State. In cases of collaboration with other organizations or individuals, the funding for preparing the ecotourism investment project is agreed upon by both parties.
e) In cases of ecotourism business collaboration, after the project is approved, the Management Board of special-use forests shall sign a collaboration or joint venture contract with other organizations or individuals under a business cooperation contract in accordance with the approved project and the law.
3. The Management Board of special-use forests leases the forest environment to organizations or individuals to operate ecotourism service businesses.
a) The Management Board of special-use forests organizes the preparation and submission to competent state agencies for approval of the leasing plan of the special-use forest environment for ecotourism development as prescribed in Point c of this Clause, in accordance with the approved planning for conservation and development of special-use forests.
b) The purpose of land use in special-use forests shall not be changed for facilities serving ecotourism within the leased forest environment area.
c) The leasing plan of the special-use forest environment for ecotourism development must clearly reflect the following main contents:
- Current status of natural resources; tourism resources and various types of tourism products;
- Detailed explanation of the development plan for tourism routes and locations. Area, location of the forest, purpose, lease period;
- Locations and scale of construction of architectural works and technical infrastructure serving tourism;
- Measures for protecting, developing forests, conserving nature, biodiversity, and environmental impact assessment;
- Organization of supervision of ecotourism activities;
- Types of unified ecotourism maps at scales of 1/5,000, 1/10,000, or 1/25,000 according to the VN2000 reference system including: Map of current natural resource and tourism status of special-use forests; Map of planning for tourism routes and points, organization of architectural space and tourism infrastructure of special-use forests.
d) Documents submitted for plan appraisal include:
- The proposal of the Management Board of the special-use forest zone (original copy);
- Report on the plan as stipulated in Point c of this Clause (original copy);
- Other relevant documents (if any).
The Special-Use Forest Management Board must submit one complete dossier directly or through postal service to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forest Management Department (for special-use forests under central management).
đ) Appraisal agency and decision-making body
- The Department of Agriculture and Rural Development shall appraise the leasing plan of the special-use forest environment for ecotourism for special-use forests under provincial jurisdiction.
- The Forestry General Department shall appraise the leasing plan of the special-use forest environment for ecotourism for special-use forests under central management.
- The People's Committee of the province shall decide to approve the leasing plan of the special-use forest environment for ecotourism for special-use forests under provincial jurisdiction upon the recommendation of the Department of Agriculture and Rural Development.
- The Ministry of Agriculture and Rural Development shall decide to approve the leasing plan of the special-use forest environment for ecotourism for special-use forests under central management upon the recommendation of the Forestry General Department.
e) Time for appraisal and approval decision
- The time to complete the review of the proposal for leasing special-use forest environment shall not exceed twenty (20) working days from the date of receipt of a valid dossier.
- The time to complete the decision approving the proposal for leasing the special-use forest environment shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
g) After the proposal for leasing the special-use forest environment for developing eco-tourism is approved, the organization or individual leasing the forest environment shall cooperate with the Management Board of the special-use forest area to establish an eco-tourism investment project in accordance with the conservation and development plan of the special-use forest area that has been approved and as stipulated in Point c, Clause 3 of this Article.
The Management Board of the special-use forest area shall be responsible for guiding, inspecting, and supervising the implementation of the project by the organization or individual leasing the forest environment in accordance with the proposal for leasing the special-use forest environment and the provisions of the law.
h) The cost of preparing the proposal for leasing the special-use forest environment for developing eco-tourism shall be balanced within the annual financial plan according to the current regulations of the State. The cost of establishing the eco-tourism investment project shall be borne by the organization or individual leasing the forest environment.
Article 9. On the organization and management of special-use forests as prescribed in Articles 14, 26, and 28 of Decree No. 117/2010/NĐ-CP.
1. Management of special-use forest areas
a) The Ministry of Agriculture and Rural Development shall manage the state system of special-use forests throughout the country, and delegate authority to the Forest Protection Department to directly manage special-use forest areas located across multiple provinces and centrally-administered cities, and research and experimental scientific forest areas.
b) The People's Committee of the province shall manage the state special-use forest areas within its jurisdiction, directly managing National Parks, and delegating authority to the Department of Agriculture and Rural Development to directly manage other special-use forest areas under local administration.
2. Appointment and removal of Directors, Deputy Directors; Wardens, Deputy Wardens of the Forest Protection Ranges in special-use forest areas
a) The Minister of Agriculture and Rural Development shall appoint and remove the positions of Director of special-use forest areas under central management.
b) The Director-General of the Forest Protection Department shall appoint and remove the positions of Deputy Director, Warden of the Forest Protection Range of special-use forest areas under central management; appoint and remove Deputy Wardens of the Forest Protection Range based on the proposal of the General Inspector of the Forest Inspection Service and the Director of special-use forest areas under central management.
c) The Chairman of the People's Committee of the province shall appoint and remove the positions of Director concurrently serving as Warden of the Forest Protection Range and Deputy Director of special-use forest areas under local management.
d) The Head of the Provincial Forest Protection Service shall appoint and remove the positions of Deputy Warden of the Forest Protection Range of special-use forest areas under local management based on the proposal of the Warden of the Forest Protection Range of the special-use forest area.
đ) The Warden of the Forest Protection Range of the special-use forest area shall appoint and remove the positions of Head and Deputy Head of units within the organizational structure of the Forest Protection Range of the special-use forest area.
3. Establishment of the Forest Protection Range in special-use forest areas
The Management Board of the special-use forest area shall prepare a proposal for establishing the Forest Protection Range of the special-use forest area and submit it to the competent state agency.
Authority to decide on the establishment of the Forest Protection Range in special-use forest areas
- The Minister of Agriculture and Rural Development shall decide on the establishment of the Forest Protection Range of special-use forest areas under central management.
- The Chairman of the People's Committee of the province shall decide on the establishment of the Forest Protection Range of special-use forest areas under local management after reaching a written agreement with the Ministry of Agriculture and Rural Development.
4. The organization of forest protection stations within special-use forest areas must be consistent with the approved conservation and development plan of the special-use forest area; in exceptional cases, such decisions shall be made by the Ministry of Agriculture and Rural Development for special-use forest areas under central management, and by the Chairman of the People's Committee of the province for special-use forest areas under local management.
5. For special-use forest areas containing wetland and marine components, the Forest Protection Ranges of these special-use forest areas shall undertake the tasks of managing and protecting the wetland and marine components of the special-use forest area.
Article 10. The Rescue, Conservation, and Development of Biodiversity Center prescribed in Article 31 of Decree No. 117/2010/NĐ-CP
1. Establishment of the Rescue, Conservation, and Development of Biodiversity Center
a) Only establish new Rescue, Conservation, and Development of Biodiversity Centers in special-use forests with high biodiversity value to carry out conservation tasks for the entire region or area in accordance with the national rescue, conservation, and development system planning.
b) The management board of the special-use forest shall prepare a proposal for establishing the Rescue, Conservation, and Development of Biodiversity Center.
c) Basic contents of the proposal for establishing the Rescue, Conservation, and Development of Biodiversity Center
- Arguments on the necessity of rescue, conservation, and development of biodiversity for the entire region or area;
- Determination of needs and sources of investment capital, human resources, technical equipment to meet rescue, conservation, and development activities;
- Organizational structure of the Rescue, Conservation, and Development of Biodiversity Center;
- Operating regulations;
2. Random inspections of product quality.
2. Review and Approval of the Proposal for Establishing the Rescue, Conservation, and Development of Biodiversity Center
a) Documents submitted for review include:
- The proposal of the Management Board of the special-use forest zone (original copy);
- The report on the proposal as stipulated in Point c, Clause 1 of this Article (original copy);
- Other relevant documents (if any).
The Special-Use Forest Management Board must submit one complete dossier directly or through postal service to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forest Management Department (for special-use forests under central management).
b) Authority responsible for reviewing the documents and approving the proposal
- The Department of Agriculture and Rural Development shall lead the review of the establishment proposal for the Rescue, Conservation, and Development of Biodiversity Center for special-use forests under local management. The members of the Review Board include representatives from provincial departments and agencies, some scientific organizations, and related units; the Director of the Department of Agriculture and Rural Development is the Chairman of the Board.
- The People's Committee of the province shall approve the proposal for establishing the Rescue, Conservation, and Development of Biodiversity Center based on the review results of the Department of Agriculture and Rural Development and the agreement document of the Ministry of Agriculture and Rural Development.
- The Forest Management总局可以主持审查属于中央管理的特种用途林的救援、保护和发展生物多样性中心的建立提案,并将提案提交农业和农村发展部批准。审查小组成员包括农业和农村发展部和森林总局的代表,一些科学组织的代表以及相关单位的代表;森林总局领导是主席。
c) Time limit for review and approval
- The time to complete the review of the proposal for establishing the Rescue, Conservation, and Development of Biodiversity Center in special-use forests shall not exceed fifteen (15) working days from the date of receipt of valid documents.
- The time to complete the approval of the proposal for establishing the Rescue, Conservation, and Development of Biodiversity Center in special-use forests shall not exceed thirty (30) working days from the date of receipt of the documents.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
3. Functions and Tasks of the Rescue, Conservation, and Development of Biodiversity Center
a) Regarding Rescue and Re-release
- Accept individuals of wildlife confiscated from violations of laws; voluntarily surrendered by organizations and individuals for treatment and recovery of functions after treatment.
- Release rescued wildlife back into their natural habitats.
b) Regarding Conservation
- Store and conserve genetic resources of endangered, precious, and rare species at risk of extinction.
- Conduct research, collect biological and physiological data and information on conserved species.
- Promote and educate about laws on forest protection, nature conservation, and biodiversity.
c) Regarding Sustainable Development of Species and Supply of Breeding Stock for Sustainable Development
- Provide information, promote, and distribute technical guidance materials for organizations and individuals legally breeding wild animals.
- Supply breeding stock and veterinary services to organizations and individuals for sustainable development according to the law.
d) Organize scientific research work according to research topics and experimental projects on rescue, development of biodiversity, and conservation of biodiversity.
đ) International cooperation on rescue, conservation, and development of biodiversity.
4. Organizational Structure of the Rescue, Conservation, and Development of Biodiversity Center
Depending on actual needs for rescue work and resources of the special-use forest, the Rescue, Conservation, and Development of Biodiversity Center may have the following departments:
a) Scientific Research Department on Rescue, Conservation, and Development of Biodiversity;
b) Quarantine Department for newly received wildlife individuals and veterinary services;
c) Rehabilitation Department for post-rescue semi-wildlife rearing before re-release to natural habitats;
d) Research and Breeding Department for Supply of Breeding Stock;
đ) Logistics Department; Food Processing.
5. Funding for Establishing Proposals and Operations of the Rescue, Conservation, and Development of Biodiversity Center:
- Funding for establishing proposals and operations of the Rescue, Conservation, and Development of Biodiversity Center is provided from the state budget; income from service activities of the Center; support from domestic and foreign organizations and individuals in accordance with the law.
- Local budgets ensure funding for establishing proposals and operations for the Rescue, Conservation, and Development of Biodiversity Center of special-use forests under local management. Central budgets ensure funding for operations of the Rescue, Conservation, and Development of Biodiversity Center of special-use forests under central management.
Article 11. Determination of buffer zones, buffer zone investment projects, and management responsibilities of buffer zones as stipulated in Articles 32, 33, and 34 of Decree No. 117/2010/NĐ-CP
1. Determination of buffer zones for special-use forests
a) The buffer zone is an area of forest or wetland adjacent to the special-use forest with the purpose of preventing or eliminating damage to the special-use forest.
b) The purpose of the buffer zone is to prevent negative impacts of local residents on the special-use forest through coordinated management of natural ecosystems and development between the Forest Management Board, local authorities, and local residents living within the buffer zone.
c) The main function of the buffer zone is to contribute to the conservation of the special-use forest area, enhance conservation value within the buffer zone itself, improve livelihoods of local residents based on the principle of co-management to attract their participation in conservation activities of the special-use forest.
d) The buffer zone includes areas outside the boundary of the special-use forest (outer buffer zone) and areas within the boundary of the special-use forest where households reside legally (inner buffer zone).
- Buffer zone within the boundary of the special-use forest: This is the area of land inside the special-use forest where households reside legally, identified to implement a special management mechanism aimed at stabilizing and improving the lives of residents; reducing and preventing harmful impacts on the special-use forest; attracting residents to participate in activities of the special-use forest.
The Forest Management Board determines the scope, boundaries, and scale of the buffer zone within the boundary of the special-use forest in accordance with the above requirements, including residential land, agricultural land, and permanent fields of households reflected on maps and clearly marked on the ground.
- Buffer zone outside the boundary of the special-use forest: This is the area of land outside the special-use forest, including forested land, vacant land, or water bodies adjacent to the special-use forest, identified to implement a special management mechanism aimed at protecting the forest, natural ecosystems, connecting conservation corridors between special-use forests; stabilizing and improving the lives of residents; reducing and preventing harmful impacts on the special-use forest; attracting residents to participate in activities of the special-use forest.
The Forest Management Board collaborates with local authorities to determine the scope, boundaries, and scale of the buffer zone outside the special-use forest in accordance with the above requirements, including the entire or part of the communes, wards, towns bordering the special-use forest, clearly reflected on maps and on the ground.
2. Buffer zone investment project
The main contents of the buffer zone investment project include:
a) Organizing measures to protect the forest, conserve natural ecosystems, and biodiversity;
b) Supporting the buffer zone community in effective agricultural, forestry, and fishery practices economically, socially, environmentally, and in line with local customs;
c) Organizing sustainable resource utilization and benefit-sharing activities of the special-use forest;
d) Promoting education and raising awareness of laws on forest protection, ecosystem conservation, and biodiversity;
đ) Supporting infrastructure investment to serve economic and social development, thereby reducing pressure on conservation efforts in the buffer zone according to investment policies and financial mechanisms for the special-use forest system as prescribed;
e) Determining capital investment needs, sources of investment, and phased investment;
g) Organizing buffer zone management, specifying the obligations, responsibilities, and authorities of the People's Committee of the commune, village leaders, households in the buffer zone, and the Forest Management Board in implementing the buffer zone investment project.
3. Documents for review and approval of the buffer zone investment project include:
- The proposal of the Management Board of the special-use forest zone (original copy);
- Detailed report on the buffer zone investment project as stipulated in Clause 2 of this Article (original copy);
- Consensus document from the Ministry of Agriculture and Rural Development;
- Other relevant documents (if any).
The Special-Use Forest Management Board must submit one complete dossier directly or through postal service to the Department of Agriculture and Rural Development (for special-use forests under local management) or the Forest Management Department (for special-use forests under central management).
4. Authority responsible for reviewing the documents and approving the project:
a) The Department of Agriculture and Rural Development shall lead the review of the buffer zone investment project of special-use forests under its jurisdiction, submitting it to the Provincial People's Committee for approval after obtaining a consensus document from the Ministry of Agriculture and Rural Development. The Review Board shall consist of representatives from provincial departments and agencies, some scientific organizations, and related units; the Director of the Department of Agriculture and Rural Development shall be the Chairman of the Board.
b) The Forestry General Department shall lead the review of the buffer zone investment project of special-use forests under central management, submitting it to the Ministry of Agriculture and Rural Development for approval. The Review Board shall consist of representatives from agencies under the Ministry of Agriculture and Rural Development and the Forestry General Department, some scientific organizations, and related units; the leadership of the Forestry General Department shall be the Chairman of the Board.
c) Time limit for dossier review and approval decision
- The time to complete the review of the dossier shall not exceed twenty (20) working days from the date of receiving a valid dossier.
- The time to complete the approval decision shall not exceed fifteen (15) working days from the date of receipt of the dossier.
- In case the dossier is not valid, the agency receiving the dossier must notify the agency submitting the dossier within three (03) working days from the date of receipt of the dossier to perfect it.
5. The competent state authority approving the buffer zone investment project as stipulated in Clause 4 of this Article shall organize inspections and supervision to ensure compliance with the approved project content and legal provisions.
6. The Forest Management Board shall draft and publicize the content of the buffer zone investment project proposal to solicit opinions and consensus from the local community within the project area and obtain a written agreement from the People's Committee of the commune in the buffer zone before submitting for approval.
7. The Forest Management Board is the investor of the buffer zone project, coordinating with the People's Committee of the commune within the project area to implement the buffer zone project.
8. The budget for preparing the buffer zone investment project is balanced in the annual financial plan according to current State regulations.
Article 12. Plan of activities in special-use forests as stipulated in Article 35 of Decree No. 117/2010/NĐ-CP
1. Content of the plan of activities for special-use forests
a) Based on the approved planning for the protection and development of special-use forests, the Management Board of the special-use forest shall develop a five-year plan and annual plans for the special-use forest in accordance with current State regulations.
b) The plan of activities for special-use forests must clearly reflect the objectives and effective implementation measures in the following areas: forest protection, conservation, and various forest ecosystems, marine and wetland ecosystems; fire prevention and firefighting; biodiversity conservation and monitoring; scientific research and international cooperation; rescue and sustainable development of biological species; organization of environmental services provided by forests; ecotourism development; training and human resource development; information dissemination, archiving, and database management; public awareness campaigns and education; investment in buffer zone development.
2. Ensuring balance of resources and responsibility for implementing the plan
a) The approving authority of the plan of activities for special-use forests is responsible for ensuring a balanced allocation of human resources and finances for the activities of the special-use forest, monitoring and supervising the implementation of the plan by the Management Board of the special-use forest.
b) The Management Board of the special-use forest is responsible for effectively implementing the assigned plan, while organizing monitoring, supervision, and evaluation of the plan's implementation according to the law.
Article 13. Reviewing and categorizing special-use forests; promoting legal awareness; establishing information systems, archives, and databases for managing special-use forests as stipulated in Article 38 of Decree No. 117/2010/NĐ-CP
1. Reviewing and categorizing special-use forests
a) The People's Committee of the province shall organize the review and categorization of special-use forests under its management according to the criteria specified in Article 5 of Decree No. 117/2010/NĐ-CP.
b) The General Department of Forestry shall organize the review and categorization of special-use forests nationwide and directly organize the review and categorization of special-use forests under central management;
c) The Management Board of the special-use forest shall review and categorize the special-use forest according to the criteria specified in Article 5 of Decree No. 117/2010/NĐ-CP, review functional zones according to the guidelines set out in Clause 3 of this Circular, and adjust the name of the special-use forest to match the name of the type of special-use forest reviewed.
d) In cases where the results of reviewing and categorizing special-use forests are inconsistent among different levels, the Minister of Agriculture and Rural Development shall consider and make the final decision.
2. Determining boundaries and areas of each special-use forest on maps and on-site
a) The Management Board of the special-use forest is responsible for clearly determining the boundaries of the special-use forest on maps and on-site.
b) The content of determining the boundaries of the special-use forest includes:
- Reviewing documents, materials, and maps regarding the boundaries of the special-use forest;
- Checking the boundaries of the special-use forest between the map and the actual site, if there are discrepancies and no disputes, then adjust accordingly to the actual site, if there are disputes, the competent authority shall base on the location, scope, and boundaries of the special-use forest recorded in the decision establishing the special-use forest and related land records to handle them;
- Reporting on the review of the boundaries of the special-use forest, including detailed descriptions of the methods for identifying boundaries on-site; determining the positions of boundary markers of the special-use forest;
- Preparing boundary maps of the special-use forest at a scale of 1/5,000, 1/25,000, or 1/50,000, using the VN2000 reference system.
c) The Management Board of the special-use forest shall organize the setting of boundary markers according to the Regulation on Determining Boundaries and Setting Markers for Various Types of Forests issued together with Decision No. 3013/1997/QĐ-BNN dated November 20, 1997 by the Ministry of Agriculture and Rural Development.
d) The Ministry of Agriculture and Rural Development shall resolve funding for determining and setting boundary markers for special-use forests under central management. The People's Committee of the province shall resolve funding for determining and setting boundary markers for special-use forests under provincial management.
3. Time frame and authority for reviewing and categorizing special-use forests simultaneously with the time frame for developing conservation and sustainable development plans for special-use forests as stipulated in Clause 1, Article 2 of this Circular.
4. Organizing promotional activities to raise legal awareness about nature conservation, biodiversity, and sustainable development of special-use forests
a) The Management Board of the special-use forest is responsible for organizing promotional activities and disseminating laws within the special-use forest and buffer zones.
b) Content of promotional activities to raise legal awareness:
- Values and functions of the special-use forest in environmental protection, biodiversity conservation, and socio-economic development;
- Distinctive features of ecosystems and rare, endangered species in the special-use forest;
- Policies, laws, and relevant regulations concerning the protection, conservation, and management of special-use forests and biodiversity;
- Plans and projects of the special-use forest; buffer zone investment projects;
- Experiences and advanced models of protecting and conserving special-use forests.
c) Promotional activities should be organized in communities living within and around the special-use forest at least twice a year at appropriate times and through suitable forms; promotion through mass media; organizing extracurricular programs for students in schools in the area; promoting to tourists and visitors; other suitable forms based on specific conditions of the special-use forest.
5. Establishing information systems, archives, and databases for managing special-use forests
a) The General Department of Forestry shall establish an information system, archive, and database for managing special-use forest files nationwide. This information system shall connect from the General Department of Forestry to all special-use forests across the country to disseminate policies, guidelines, and laws on managing the special-use forest system; manage files of special-use forests nationwide; receive information on the operational status of special-use forests.
b) The management board of the special-use forest area shall organize the information system, database for managing the files of the special-use forest area and connect it to the national information system, storage, and database for managing the files of special-use forests in accordance with the guidelines of the Forestry General Department.
The information system, storage, and database for managing the files of the special-use forest area must include materials on: legal documents regarding the special-use forest area; scientific and technical documents of the special-use forest area; basic investigation, monitoring, and supervision data on natural resources, ecosystems, biodiversity, and endangered, precious, and rare species; documents on the management and activities of the special-use forest area; other related data.
c) The budget for establishing, operating, and managing the information system, storage, and database of special-use forests shall be balanced in the annual financial plan according to the current regulations of the State.
Article 14. Effective Date
This Circular shall take effect forty-five days from the date of signature.
All previous provisions of the Ministry of Agriculture and Rural Development that contradict the provisions of this Circular are hereby abolished.
During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals should report them to the Ministry of Agriculture and Rural Development for timely revision and supplementation./.
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Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: