Circular No. 86/2005/TT-BNV guiding the staffing of Forest Protection Management Boards and Specialized Forest Management Boards when implementing the Scheme for Reorganizing, Reforming, and Developing State-owned Forestry Enterprises

CIRCULAR

Guidelines on staffing for Forest Protection Management Boards and Specialized Forest Management Boards when implementing the Scheme for Reorganizing, Reforming, and Developing State-owned Forestry Enterprisesdevelopment of state-owned forestry enterprises

Implementing Decision No. 179/2003/QĐ-TTg dated September 3, 2003 of the Prime Minister regarding the Program and Plan of the Government to implement Resolution No. 28 of the Politburo - Central Committee of the Party, Ninth Term on Continuing to Reorganize, Reform, and Develop State-owned Forestry Enterprises, Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on Reorganizing, Reforming, and Developing State-owned Forestry Enterprises, the Ministry of Home Affairs provides guidelines on staffing for Forest Protection Management Boards and Specialized Forest Management Boards established by competent state authorities according to the Scheme for Reorganizing, Reforming, and Developing Forestry Enterprises approved by the Prime Minister as follows:

I. STAFFING OF FOREST PROTECTION MANAGEMENT BOARDS AND SPECIALIZED FOREST MANAGEMENT BOARDS (hereinafter referred to collectively as Forest Management Boards)

1. Initial Staffing at Establishment

Based on the scale, volume of work, specific tasks of the Forest Management Board, and the financial capacity of local budgets, the People's Committee of the province shall decide on specific staffing at the establishment of the Forest Management Board but not less than five people (for specialized forests) and seven people (for protective forests) to perform organizational and management tasks for forest management, protection, and development activities (excluding staffing of forestry inspection organizations within specialized forests and protective forests and forest protection staffing).

The staffing of forestry inspection forces within specialized forests or protective forests is administrative staffing approved and allocated annually by the Government within the total quota of administrative staffing of central and local state administrative agencies.

The allocation of civil servants for forestry inspections at Forestry Inspection Stations within specialized forests and protective forests with Forest Management Boards shall be decided specifically by the People's Committee of the province based on the proposals of the Forest Management Boards and in accordance with the forest protection plans approved by competent authorities. The protection and development of forests shall be carried out in accordance with Articles 54, 61, and 62 of the Law on Forest Protection and Development 2004, which entrusts forest protection and development to households and individuals residing within specialized forests and protective forests to stabilize the livelihoods of residents living in these areas.

Forest protection staffing is public service staffing determined by the People's Committee of the province based on the local budget's financial capacity for forest management and protection activities, and it shall only be arranged if the entrustment method of forest protection and development cannot be implemented.

2. Annual Staffing Quotas

The annual staffing quotas of Forest Management Boards include:

2.1. Initial staffing at the establishment of the Forest Management Board;

2.2. Staffing to implement annual task adjustments of the Forest Management Board as required by competent state authorities;

2.3. Staffing to implement other public service activities and services as required by practical needs and must be consistent with the functions and tasks of the Forest Management Board.

3. Mechanism for Self-Determination of Annual Staffing Quotas

Based on the annual state funding received for forest management and protection, investment projects for forest development approved by competent state authorities, and other service revenues to ensure the ability to cover regular operating costs, the Director of the Forest Management Board has the right to self-determine annual staffing quotas according to the following levels:

3.1. The Forest Management Board is a revenue-generating public service unit that fully covers its own regular operating costs; it can decide on its own annual staffing increases.

3.2. The Forest Management Board is a revenue-generating public service unit that partially covers its own regular operating costs, which have been assigned funds by competent state authorities to implement a mechanism of entrusting certain types of public services or allocating funds through cost standards based on workload; it can decide on additional staffing suitable for its tasks and increased annual funding according to the ratio prescribed by competent state authorities.

3.3. The Forest Management Board is a revenue-generating public service unit that partially covers its own regular operating costs without being assigned funds by competent state authorities to implement a mechanism of entrusting certain types of public services or allocating funds through cost standards based on workload: it is responsible for proposing to competent state authorities to approve additional annual staffing suitable for its tasks and increased annual funding.

3.4. The Forest Management Board is a non-revenue-generating public service unit: it is responsible for proposing to competent state authorities to decide on additional annual staffing for its unit suitable for its tasks and increased annual funding according to the ratio prescribed by competent state authorities.

4. Management and Utilization of Staffing

4.1. The appointment and dismissal of leaders of Forest Management Boards shall be carried out according to the procedures and formalities stipulated for the appointment and dismissal of leading cadres and civil servants.

4.2. Recruitment of staff under employment contracts within the staffing of Forest Management Boards must be conducted through examinations or assessments in accordance with laws on cadres and civil servants (the amended and supplemented Cadre and Civil Servant Ordinance 2003, Decree No. 116/2003/NĐ-CP dated October 10, 2003 on recruitment, utilization, and management of cadres and civil servants in state public service units, Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on mechanisms for managing staffing in state public service units, and other guiding documents for the implementation of the aforementioned decrees).

II. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. The Director of the Forestry Enterprise is responsible for formulating a plan for reorganization and reduction of staffing in accordance with the law in the Scheme for Converting Forestry Enterprises into Specialized Forest Management Boards and Protective Forest Management Boards and transferring it to the Director of the Forest Management Board to implement after the Scheme has been approved by competent state authorities.

3. The Chairman of the Provincial People's Committee, the People's Committee of a centrally governed city shall direct the Director of the Department of Agriculture and Rural Development to coordinate with the Director of the Department of Home Affairs to guide and inspect the implementation of the Scheme for Converting State-owned Forestry Enterprises into Forest Management Boards that have been approved.

4. During the implementation process, if any issues arise or difficulties occur, it is recommended that the People's Committee of the province or centrally governed city promptly report to the Ministry of Home Affairs for study and resolution./.