Circular No. 94/2001/TT-BNN-TCCB guiding the implementation of Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Prime Minister for agencies under the Agriculture and Rural Development sector at provincial and district levels.

CIRCULAR

Guidelines for implementing Decision No. 245/1998/QD-TTg dated December 21, 1998 of the Prime Minister regarding agencies under the Agriculture and Rural Development sector at provincial and district levels

On December 21, 1998, the Prime Minister issued Decision No. 245/1998/QD-TTg on the implementation of state management responsibilities at various levels concerning forests and forest land.

The Ministry of Agriculture and Rural Development guides specific tasks of state management agencies under the Agriculture and Rural Development sector at provincial level (hereinafter referred to as province); district, town, city, and urban district level (hereinafter referred to as district) and forestry staff, forest rangers responsible for their respective areas as follows:

I - TASKS OF FORESTRY MANAGEMENT AGENCIES UNDER THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR AT PROVINCIAL LEVEL

1. Department of Agriculture and Rural Development

The Department of Agriculture and Rural Development assists the People's Committee of the province in performing state management functions related to forest management, utilization, and development within the province. The Department has the following tasks:

a. Organizing surveys, classification, statistics of area and volume of each type of forest (special-use forests, protective forests, production forests); preparing maps, determining boundaries and marking points of different types of forests and forest land within the province according to guidelines from the Ministry of Agriculture and Rural Development; participating in monitoring changes in forest resources and forest land use.

b. Assisting the People's Committee of the province in formulating and developing long-term, medium-term, and short-term plans for forest development, utilization, and forest land use in the locality to be submitted to competent state authorities for approval.

Reviewing and submitting to the People's Committee of the province for decision or the People's Committee of the province submitting to higher authorities for decision on establishing protective forests and special-use forests in the locality according to current regulations of the State.

c. Guiding the People's Committee of the district in formulating plans for forest management, utilization, and development, and planning mountainous agricultural areas; serving as the reviewing and consolidating body for plans and programs submitted by the People's Committee of the district for approval by the People's Committee of the province; directing and organizing the implementation of approved plans and programs.

Organizing review boards and compiling designs for natural forest harvesting by forest owners to submit to the People's Committee of the province for review and submission to the Ministry of Agriculture and Rural Development; after receiving comments and decisions on opening forests for harvesting from the Ministry of Agriculture and Rural Development, submitting to the People's Committee of the province for issuance of permits for natural forest harvesting by forest owners; guiding and inspecting the progress and activities of forest owners during harvesting; issuing decisions to close forests post-harvest; assisting the People's Committee of the province in developing plans for the development and management of wood processing industries in the province.

d. Drafting and submitting to the People's Committee of the province for promulgation or directly promulgating documents within its authority to guide and instruct the People's Committees of districts and communes, organizations, households, and individuals within the province to implement state policies, systems, and regulations on forest management, utilization, and development.

e. Managing and directing seed-related work and afforestation promotion throughout the province.

Conducting annual inspections of compliance with procedures, norms, and regulations in timber harvesting, forest products, and forest utilization.

Organizing and directing the implementation of projects for productive forest development, protective forest development, social forestry projects, and rural construction and development in mountainous areas.

f. Assisting the People's Committee of the province in resolving disputes over forest management and utilization within the province according to legal provisions.

2. Forest Protection Service.

The Forest Protection Service assists the People's Committee of the province in performing state management functions related to forest protection in the locality, and serves as the enforcement agency for laws on forest management, protection, and development. The Forest Protection Service has the following tasks:

a. Inspecting, investigating, handling, or referring cases of administrative and criminal violations in the field of forest management, protection, and development, and forest product management according to legal provisions.

b. Assisting the People's Committee of the province in building and implementing plans, policies, and measures for forest protection in the locality, inspecting the implementation of approved plans, policies, and measures; organizing annual monitoring of forest resource changes and forest land use throughout the province to report to the People's Committee of the province and the Ministry of Agriculture and Rural Development.

c. Managing and directing subordinate units (Forest Protection Stations, Forest Product Inspection Stations, Mobile Forest Protection Teams) in enforcing laws on forest management, protection, and development.

d. Organizing and directing the implementation of legal education and public awareness campaigns on forest management, protection, and development; guiding and directing the establishment and activities of mass forest protection forces at the grassroots level.

e. Identifying and proposing to the Chairman of the People's Committee of the province for handling or handling within its authority any documents issued by local government levels and agencies within the province that contravene national regulations on forest management, protection, and development.

f. Directing professional and technical matters for Management Boards and Forest Protection Stations under Special-Use Forest Management Boards and Protective Forest Management Boards; inspecting and supervising the operations of these forest areas in accordance with the Special-Use Forest Management Regulations and Protective Forest Management Regulations.

g. Organizing inspections, supervision, and oversight of forest owners in the development and implementation of plans for preventing illegal logging, forest fires, and pest control in the locality; assisting the People's Committee of the province in directing and building the operations of forest fire prevention and firefighting command centers at three levels: provincial, district, and commune; in emergency situations, the head of the Forest Protection Service may request local authorities to mobilize all available forces and means to combat illegal logging, prevent and extinguish forest fires.

h. Guide the People's Committee at the district level to develop projects, plans, and programs for forest protection within their jurisdiction and inspect the implementation of approved projects and plans.

i. Coordinate with functional agencies such as the Military, Police, Customs, Taxation, Market Management, etc., within their jurisdiction to organize crackdowns on organizations and individuals destroying forests, illegally logging, transporting, trading in timber products, hunting, and trafficking wildlife.

k. Participate in assisting the Provincial People's Committee in resolving disputes over forest land use rights according to the law.

l. Lead, direct, and comprehensively manage the Forest Protection Station to perform the following main tasks:

- Supervise the transportation of wood, special forest products, and wild animals on roadways, railways, waterways, and central processing centers for forest products within the assigned area; identify and handle violations within their authority or recommend higher authorities to handle them according to the law regarding forest management and protection and forest product management.

- Collaborate with the Forest Protection Station at the district level to develop and implement forest management and protection plans; guide forest owners and local communities to establish protection and development plans for forests; directly participate and organize mass forces to patrol and protect forests, prevent illegal deforestation, and forest fire prevention; where there is no Forest Protection Station, the Forest Protection Station also assumes the responsibilities of the Forest Protection Station.

- Collaborate with local authorities and related forces to carry out patrolling and protecting forests, controlling forest products, and maintaining social order and safety within their jurisdiction.

II- DUTIES OF FORESTRY MANAGEMENT ORGANIZATIONS UNDER THE AGRICULTURE AND RURAL DEVELOPMENT DEPARTMENT AT THE DISTRICT LEVEL.

1. Department of Agriculture and Rural Development

The Department of Agriculture and Rural Development assists the District People's Committee in performing state management functions concerning forest management, utilization, and development within the district. The Department has the following duties:

a. Based on provincial forestry development plans, assist the District People's Committee in formulating plans for forest management, utilization, and development, and forest land use within the district.

b. Guide the People's Committee at the commune level to formulate plans for forest management and development, forest utilization, and forest land use; simultaneously serve as the agency to review these plans and submit them to the District People's Committee for approval; direct the implementation of approved plans; coordinate to monitor forest resources and forest land use changes within the district.

c. Collaborate with relevant agencies to advise the District People's Committee on allocating, leasing, reclaiming forests and forest lands within the district according to the law; planning shifting cultivation areas; guide and inspect the People's Committee at the commune level to properly execute these tasks according to the law.

d. Assist the District People's Committee in issuing legal documents within their authority to direct the implementation of national policies, systems, and regulations on forest management, development, utilization, and forest land use within the district.

đ. Manage and direct seedling work and afforestation promotion activities in the forestry sector within the district.

e. Organize and direct the implementation of production forest development projects, protective forests, social forestry projects, and rural construction and development in mountainous areas within the district.

g. Assist the District People's Committee in resolving disputes over forest management and utilization within the district according to the law.

2. Forest Protection Station.

The Forest Protection Station is a unit under the Forest Inspection Service, subject to comprehensive leadership and management by the Forest Inspection Service, serving as a law enforcement agency for forest management, protection, and forest product management within the district, while assisting the District People's Committee in performing state management functions concerning forest protection and forest product management. The Forest Protection Station has the following duties:

a. Carry out inspection, supervision, timely prevention, handling, or referring cases of violation in the field of forest management, protection, and forest product management within the district to competent authorities.

b. Organize the implementation of education, publicity, and dissemination of laws on forest management, protection, and development within the district; build mass forces for forest protection; prevent illegal deforestation, and forest fire prevention.

c. Assist the District People's Committee in organizing forest protection activities locally; arrange and direct, inspect forest inspectors from the Station responsible for communes; monitor annual changes in forest resources and forest land use within the district.

d. Identify and propose to the District People's Committee and the Forest Inspection Service to handle or suspend the execution of documents issued by local agencies that contravene national regulations on forest management, protection, and development.

đ. Guide forest owners and local community members to establish and implement plans for forest fire prevention and control, pest control, and local forest protection and development agreements; inspect the implementation of approved plans and agreements; participate in directing firefighting efforts when forest fires occur locally.

e. Proactively coordinate with local authorities and functional agencies such as the Military, Police, Market Management, etc., to conduct patrols and crackdowns on organizations and individuals destroying forests, illegally logging, transporting, trading in timber products, hunting, and trafficking wildlife within the district.

g. Collaborate with the Forest Protection Station under the Specialized Forest Management Board and Protective Forest Management Board located within the district in forest management and protection work.

h. Participate in assisting the District People's Committee in resolving disputes over forest land use rights locally according to the law.

III- DUTIES OF COMMUNE FOREST OFFICERS AND FOREST INSPECTORS ACTING IN COMMUNES.

1. Forestry officials or the Forestry Board of the commune (if available) assist the People's Committee of the commune in performing state management responsibilities over forests and forestry land within the commune; advise the People's Committee of the commune on directing villages to develop and implement plans for forest management and utilization within their areas; grasp the area and boundaries of forest zones, contracts for assignment and lease of forest protection, encirclement for regeneration and afforestation of forest owners, and determine the boundaries of forests and forestry land of forest owners on-site.

2. The Forest Ranger responsible for the area is a Forest Ranger civil servant assigned by the Forest Protection Station to be responsible for a commune or a group of communes with the function of guiding and assisting the People's Committee of the commune in protecting and developing forests. The Forest Ranger responsible for the area has the following tasks:

a. Monitor the annual changes in forest resources and forestry land within the assigned area, regularly inspect the use of forests and forestry land by forest owners.

b. Coordinate with relevant functional agencies to guide and supervise forest owners in managing, protecting, and developing forests.

c. Assist the Chairman of the People's Committee of the commune in organizing, building plans and programs for managing and protecting forests and forestry land within the area, guiding and inspecting the implementation of approved plans and programs.

d. Coordinate with related agencies, organizations, and social groups to disseminate and popularize legal regulations on forest management and protection, guide the construction and implementation of community agreements on forest protection and development in village communities; assist the Chairman of the People's Committee of the commune in establishing mass organizations for forest protection, fire prevention and firefighting, and pest control, and guide these organizations to operate effectively.

đ. Organize inspections to detect and promptly prevent violations of the Law on Forest Protection and Development, handle administrative violations within their authority, and assist the Chairman of the People's Committee of the commune in handling administrative violations in the field of forest and forestry land management according to the provisions of the law.

IV- IMPLEMENTATION ORGANIZATION.

Based on the provisions of Decision No. 245/1998/QĐ-TTg dated December 21, 1998, of the Prime Minister and the guidance contents in this Circular, the Chairmen of the People's Committees of provinces and centrally-administered cities assign tasks to agencies under the Agriculture and Rural Development sector at provincial, district, and commune levels to assist the People's Committees at the same level in performing state management responsibilities over forests and forestry land in localities; direct, inspect, and perform tasks according to the regulations.

Agencies receiving and transferring tasks as stipulated in Decision No. 245/1998/QĐ-TTg and this Circular must adhere to the principle of inheriting results from previous work, avoiding waste and inconvenience, ensuring continuous management and operation; strengthen coordination among related agencies to complete assigned tasks.

The Directors of Provincial Departments of Agriculture and Rural Development, Chiefs of Provincial Forest Protection Agencies under centrally-administered cities shall proactively develop plans to implement this Circular, submit them for approval by the Provincial People's Committee.

This Circular takes effect 15 days from the date of signature./.