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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
22-CP
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Hanoi,
March 09, 1995
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DECREE
PROMULGATING
THE REGULATION ON THE PREVENTION AND FIGHT AGAINST FOREST FIRES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Pursuant to the Law on the Protection and Development of Forests on the 19th of
August 1991;
At the proposal of the Minister of Forestry,
DECREES:
Article 1.- To promulgate
together with this Decree the Regulation on the prevention and fight against
forest fires.
Article 2.- The
Ministers, the Heads of the ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the People's Committees
of the provinces and cities directly under the Central Government, and the
forest control agencies at various levels shall have to implement this Decree.
Article 3.- This Decree
takes effect from the date of its signing.
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ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
REGULATION
ON
THE PREVENTION AND FIGHT AGAINST FOREST FIRES
(issued together with Decree No.22-CP on the 9th of March 1995 of the
Government)
Chapter I
GENERAL PROVISIONS
Article 1.- Forest fire
is a disaster causing big losses in property and lives to the people. All
echelons and branches and all citizens - especially those organizations and
individuals operating in the forests and on the forest fringes - have the duty
to protect the forests, and observe the Regulation on the prevention and fight
against forest fires.
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The forest owners must carry out
the Regulation on prevention and fight against forest fires, and shall take
responsibility for the fires in the forests under their management.
The Forest Control Agencies at
all levels shall have to assist the administration at all various levels to
direct and implement the prevention and fight against forest fires, and guide
the forest owners in the prevention and fight against forest fires.
The State managerial agencies in
the concerned branches shall have to coordinate with the forest control
agencies at all levels in the prevention and fight against forest fires.
Chapter II
REGULATION ON THE PREVENTION AGAINST FOREST FIRES
Article 3.- The Forest
Control Department is the specialized directing agency, having the
responsibility to assist the Minister of Forestry in directing the localities
in their coordination with the meteorological and hydrological agencies in the
forecast of forest fires, planning and determination of sites most vulnerable
to forest fires on the map and on the actual geography; in working out and
implementing the plans and measures for prevention and fight against forest
fires, and in controlling and synthesizing the situation of the prevention and
fight against forest fires throughout the country.
Article 4.- The local
Forest Control Agencies shall have to assist the People's Committees of the
same level in organizing forest fire forecast stations, and directing the
forecast at each locality; in working out plans for prevention and fight
against forest fires; in organizing the necessary manpower, means and equipment
for this work, increase the awareness and education about prevention and fight
against forest fires among the population community, in inspecting and
controlling the implementation of the Regulation on preventing and fighting
forest fires and handling the violations of these regulations.
The Forest Control Agency at the
provincial level must timely inform each region of any hot and dry climate.
Article 5.- The Fire
Brigade of the Ministry of the Interior is the State management agency on
forest fire prevention and combat in general. It has the responsibility to
coordinate with the Forest Control Agency of the Ministry of Forestry in
directing the purchase of specialized equipment and means for the prevention
and fight against forest fires; guide the organization and professional
training for the forest fire prevention and combat forces; and taking part in
the rescue operations in case of forest fire, and in determining the cause of
the fire.
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1. With regard to the
concentrated forests, the forest owners must build forest prevention projects,
such as : fire separation lines and canals, guard mirador against fires,
warning signs and fire ban signs, communication system, transformation and
construction of streams, lakes, dams and canals to store reserve water to fight
against forest fires. They have to submit to the direction and control of the
local Forest Control Agency.
2. With regard to the scattered
forests managed by different forest owners, the local Forest Control Agencies
must work out plans of forest fire prevention, and direct its implementation.
The forest owners must implement and have the duty to contribute to the
expenditures for the realization of the plan of fire protection and combat.
3. While designing the
concentrated forests, it is necessary to design also projects to prevent forest
fires, which must be approved by the provincial Forest Control Agency. Forests
must not be planted where no forest fire prevention projects have been
designed. When a forest is planted, these projects must also be constructed
immediately.
4. In planting forests,
especially in planting inflammable trees like pine, cajeput and other
oleaginous trees, bio-sylvicultural measures must be taken such as planting
multi-tier mixed forests, building fire separation tree lines with
fire-resistant trees.
5. In the places vulnerable to
forest fires, and where conditions permit, measures of replenishment, tending
and sanitation of forests, or the method of "controlled advance
burning" shall be applied before the hot and dry season, with a view to
reducing the sources of inflammable materials.
6. During the hot and dry
season, there must be a permanent patrol and guard to detect forest fires, and
rescue the forests in time, whenever a fire breaks out.
7. There must be a plan to equip
the forest control forces with the necessary equipment and means to prevent and
fight against forest fires, combining simple and mechanized means, in order to
modernize step by step the prevention and fight against forest fires.
Article 7.- It is
forbidden to make fires in the forests in the following cases :
1. To make fires in highly
inflammable forests, such as pine, cajeput and bamboo forests, newly planted
forests and newly reproduced forests, during the hot and dry season, hills of
elephant grass, arundinaceous cane, reed... liable to make the fire spread into
the forest.
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3. To make fires in the
special-purpose forests.
4. Using fire to hunt for birds,
wild animals and bees, to fell trees, to gather fire wood, to clear a path, to
burn a pasture for green grass; and other wanton uses of fire which might cause
forest fires.
Article 8.- Fires can be
made in the forests in the following cases (not provided for in Article 7) :
1. The burning of swiddens must
comply with Article 21 of the Law on Protection and Development of Forests.
Before burning, the owner of the swidden must build a fire separation around
it, and the burning is allowed only when there is light wind, and a guard must
be posted so that the fire shall not spread to the nearby forest. All the
embers must be put out after the burning.
2. The burning of undergrowth to
prepare the soil for forest planting must comply with the regulations on
prevention of forest fires stipulated in Item 1, Article 8 of this Regulation.
3. Making fires for cooking,
heating and other necessities should avoid the places with lots of tinder, and
all the embers must be put out after the use of fire.
Article 9.- In the highly
inflammable forests crossed by a railway, the railway service must :
1. Together with the Ministry of
Forestry, issue concrete regulations on the portions where fire separation
lines must be created, at least five meters wide from the base of the railway
to the forest (protection corridor of the railway). The railway service must
coordinate with the forest owners in regularly clearing the reed, grass and
bushes every year.
2. Together with the Ministry of
Forestry, define the portions of the railroad where the ash-box must be closed
and no ashes are allowed to be spread, as well as those portions where the
train driver is allowed to release hot ashes, but these must be watered to put
out all embers before the ash is released into the air.
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Article 10.- In the
forests crossed by high-voltage power lines, the managerial agencies of the
high-voltage power lines must annually remove the inflammable materials beneath
the lines, lying within the power line protection corridor.
Article 11.- In the
tourist forests, the tourist service must issue a regulation to be observed by
tourists, concerning the camping areas, the places where no fire can be made,
and the rules concerning the prevention and fight against forest fires, and
instill the sense of prevention of forest fires for the tourists.
The managing boards of the
tourist forests shall take responsibility for the prevention and fight against
forest fires in the areas within their management.
Article 12.- All
organizations and individuals shall have to comply with the regulations on
forest protection and prevention and fight against forest fires, in all their
activities in the forests and forest fringes.
Article 13.- The Ministry
of Forestry (Forest Control Department) shall have to build key forest fire
prevention projects, such as the system of main fire separation lines, and
fixed guard miradors in the key areas susceptible to big fires.
Chapter III
FIGHT AGAINST FOREST FIRES
Article 14.- When a
forest fire breaks out, the People's Committees at various levels shall have
the responsibility and the power to mobilize all necessary forces and means to
combat the fire in time.
Article 15.- All
organizations and individuals operating in the forests or on forest fringes
have the responsibility, when detecting a forest fire, to alert the owner or
the nearest Forest Control Agency. They must at the same time take measures to
immediately put out the fire, and must obey the order of mobilization of
manpower and means to fight the forest fire.
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Chapter IV
BUDGET FOR THE PREVENTION AND FIGHT AGAINST FOREST
FIRES
Article 17.- The
expenditures for the prevention and fight against forest fires derive from the
following sources:
1. The State allocates fund from
the budget (comprising regular expenditures for professional activities,
special-purpose equipment and capital construction) for the rangers in the
prevention and combat against forest fires, for the construction of fire
prevention projects, for directing and inspecting the forest owners in the
prevention and fight against forest fires in collaboration with other forces in
the locality, such as the police, the army and volunteers among the population.
2. The localities shall deduct
from their budget a reserve fund to overcome the natural disasters, including
crop failures or forest fires, which cause great losses in lives and property
to the local population.
3. Contributions of forest
owners who invest in the prevention and fight against forest fires, on the
forest land allocated by the State to the organizations, households and
individuals for stable and long term use in forestry business.
Article 18.- On budget
plan:
1. With regard to the forest
areas managed by the Forest Control Agency on behalf of the administration at
various levels especially in the key forest areas, the provincial Forest
Control Agency shall draw up the plan for forest fire prevention and combat and
the financial plan, and submit them to the provincial People's Committee for
approval. This finance shall be deducted from the budget for forest service of
the State.
2. With regard to the forest
land allotted by the State to the organizations, households and individuals,
every year the forest owner must draw up a plan for forest fire prevention and
combat and the financial plan, and submit them to the authorized level for
approval.
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Article 19.- In order to
ensure close management of the budget for forest fire prevention and combat,
and to make sure that this budget is used for the right purpose and according
to the professional and technical requirements, the Forest Control Agency at
all levels shall have to closely coordinate with the related branches, in order
to regularly direct, monitor and control the realization of the forest fire
prevention and combat projects.
Chapter V
REWARDS AND PENALTIES
Article 20.- The
organizations and individuals with meritorious achievements in the prevention
and fight against forest fires shall be commended and rewarded according to the
State regulations. Those persons, who are injured or die in the prevention and
fight against forest fires or lost their property, shall receive compensations
according to the current policies and regimes.
Article 21.- Those who
violate the provisions of this Regulation shall receive administrative
sanctions or be examined for penal liability, depending on the extent of their
violations.
Chapter VI
FINAL PROVISION
Article 22.- The Ministry
of Forestry shall guide, direct and inspect the implementation of this
Regulation by the various levels and branches throughout the country, shall cooperate
with the other ministries and the concerned branches to work out and issue the
technical process and norms for forest fire prevention and fight, and shall
periodically report to the Prime Minister on the prevention and fight against
forest fires.
The Ministry of the Interior,
the Ministry of Communication and Transport, the Ministry of Energy, the
Ministry of Finance, the State Planning Committee, the General Tourist
Department, the General Meteorology and Hydrology Department, and other
concerned agencies shall coordinate with the Ministry of Forestry in guiding
the implementation of this Regulation.
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