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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
119/2006/ND-CP
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Hanoi,
October 16, 2006
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DECREE
ON ORGANIZATION AND OPERATION OF THE FOREST PROTECTION
SERVICE
THE GOVERNMENT
Pursuant to the November 25, 2001 Law on
Organization of the Government;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope and subjects of application
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This Decree guides in detail the implementation
of the provisions of Chapter VI of the 2004 Law on Forest Protection and
Development regarding the organizational system, tasks and powers of forest
protection agencies; tasks, powers and responsibilities of forest protection
personnel, commune forest protectors and forest protection collaborators;
conditions for ensuring the operation of the forest protection service;
coordination between the forest protection service and concerned agencies; and
management, direction and administration of the forest protection service.
2. Subjects of application
This Decree applies to state agencies, domestic
as well as foreign organizations and individuals that are involved in forest
protection activities in the Vietnamese territory.
Article 2.- Principles
on the organization and operation of the forest protection service
1. The forest protection service is organized
and operates on the principle of professional unity from the central to local
level. Forest protection agencies are established in localities where exist
forests, in important hubs of forest product trading or areas of concentrated
forest product processing as stipulated in this Decree.
2. The forest protection service operates under
the sole leadership and management by the Agriculture and Rural Development
Minister and submits to the direction and administration by People's Committees
at various levels regarding forest protection activities in localities.
3. While conducting forest protection
activities, forest protection agencies closely coordinate with specialized
agriculture and rural development agencies, armed forces' units, state
agencies, the Vietnam Fatherland Front and its member organizations and rely on
the strength of all the people to perform their assigned tasks.
Chapter II
ORGANIZATIONAL SYSTEM,
TASKS AND POWERS OF THE FOREST PROTECTION SERVICE
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1. At the central level: the Forest Protection
Department under the Agriculture and Rural Development Ministry.
2. In provinces and centrally run cities
(referred to as provinces for short): Forest Protection Sub-Departments under
provincial Agriculture and Rural Development Services.
3. In districts, provincial towns and cities
(referred to as districts for short): district Forest Protection Bureaus under
Forest Protection Sub-Departments. District Forest Protection Bureaus manage
commune forest protectors.
4. In national parks of 7,000 hectares or more,
nature conservation zones and other special-use forests of 15,000 hectares or
more, headwater protective forests of 20,000 hectares or more that are at the
high risk of encroachment, Special-Use Forest Protection Bureaus or Protective
Forest Protection Bureaus may be set up in accordance with law.
5. Forest protection organizations specified in
this Article have the legal person status, working offices, own seals and state
treasury accounts in accordance with law.
Article 4.-
Organizational structure of the Forest Protection Department
The Forest Protection Department has a director,
several deputy directors, an assisting body; forest protection units in charge
of forest fire prevention and fighting; Forest Protection Bureaus of national
parks under the management of the Agriculture and Rural Development Ministry;
and dependent non-business units.
The Agriculture and Rural Development shall
decide on the establishment, merger and dissolution; and specify the tasks,
powers and organizational structures of units under the Forest Protection
Department.
Article 5.- Tasks and
powers of the Forest Protection Department
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a/ To formulate and perfect legal documents on
forest protection and forest product management;
b/ To formulate long-term, five-year and annual plannings
and plans on forest protection and forest product management; plans and
projects against law-breaking acts in the domains of forest management and
protection, forest product management and forest fire prevention and fighting
nationwide;
c/ To formulate technical standards and
specialized procedures, rules and regulations on forest protection and forest
product management;
d/ To formulate professional criteria, titles
and benefit regimes and policies for the forest protection force; and the
payroll norm of the forest protection service;
e/ To direct, guide and inspect the
implementation of laws, strategies, plannings, plans, standards, procedures and
regulations after they are promulgated; to provide uniform professional
guidance on forest protection and forest product management nationwide;
f/ To propose to the Agriculture and Rural
Development Minister necessary guidelines and measures for the implementation
of laws, policies and regimes in the domain of forest management and protection
and forest product management;
g/ To prepare a planning on the forest
product-control network nationwide;
h/ To organize international cooperation in the
domain of forest protection and forest product management.
2. Organizing and directing professional
operations and providing professional guidance:
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b/ To organize the forecasting of forest fire
dangers and build a specialized forest fire prevention and fighting force;
c/ To direct the making of statistics on and
inventory of forests and forest land;
d/ To assist the Agriculture and Rural
Development Minister in managing the system of special-use forests and
protective forests; to direct the protection of special-use forests directly
managed by the Ministry.
3. Organizing and directing the inspection and
handling of violations of the forest protection and development law nationwide:
a/ To guide and inspect various authorities and
branches in their discharge of state management responsibilities for forests
and forest land;
b/ To direct and organize the inspection and
settlement of complaints and denunciations related to forest management and
protection and forest product management in accordance with law;
c/ To direct and inspect the handling of
administrative violations; carry out criminal investigation into law-breaking
acts related to forest management and protection and forest product management
committed by local forest protection agencies in accordance with law;
d/ To manage and issue forms for the sanctioning
of administrative violations in the domains of forest management and protection
and forest product management, special permits for the transport of forest
products, rare and precious forest plants and animals, and permits for the
import or export of wild plants and animals throughout the country in
accordance with law.
4. Conducting propagation, dissemination and
education of forest protection and development law.
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a/ To manage and provide uniform professional
guidance among the forest protection service nationwide in accordance with law
and the decentralization of the Agriculture and Rural Development Ministry;
b/ To organize professional training and
re-training to civil servants and employees of the forest protection service;
c/ To manage the procurement and supply of
forest protection uniforms, badges, stripes, insignia, flag and cards; weapons
and equipment, support tools and special-use equipment and facilities to the
forest protection force nationwide.
6. Researching and applying scientific and
technological advances in activities of the forest protection force.
7. Performing other tasks assigned by the
Agriculture and Rural Development Minister.
Article 6.-
Organizational structure of provincial Forest Protection Sub-Departments
A provincial Forest Protection Sub-Department
has a director, several deputy directors, a body assisting the director, and
dependent units.
Provincial-level People's Committees shall
specify tasks, powers and organizational structure of provincial Forest
Protection Sub-Departments under the guidance of the Agriculture and Rural
Development Ministry and the Home Affairs Ministry.
Article 7.- Tasks and
powers of provincial Forest Protection Sub-Departments
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a/ To formulate legal documents on forest
protection and forest product management in localities in accordance with law;
b/ To formulate long-term, five-year and annual
plannings and plans on forest protection and forest product management, plans
and projects against law-breaking acts related to forest management and
protection; exploitation and use of forest products; and forest fire prevention
and fighting in localities;
c/ To mobilize armed forces units and other
forces and means of local units and individuals to promptly prevent and cope
with serious forest fires and forest destruction in necessary and emergency
circumstances;
d/ To direct, guide and inspect the
implementation of laws, strategies, plannings, plans, standards, processes,
procedures, regimes and policies after they are promulgated; to provide
professional guidance on forest protection and forest product management in
localities;
e/ To propose competent authorities to decide on
necessary guidelines and measures for ensuring the enforcement of forest
protection law, policies and regimes on in localities.
2. Organizing and directing forest protection in
localities:
a/ To direct and organize the application of
measures against illegal forest destruction and other illegal acts of
encroaching upon forests or forest land;
b/ To organize the forecasting of forest fire
dangers; to build up a forest fire prevention and fighting force; to make
statistics on, and inventory of, forests and forest land; to participate in
controlling forest pests;
c/ To manage the system of special-use forests
and protective forests in localities; to directly organize the protection of
locally managed special-use forests and protective forests;
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3. Ensuring the observance of the forest
protection and development law in localities:
a/ To inspect and guide authorities and branches
to perform the state management of forests and forest land in localities;
b/ To direct and organize the inspection and
settlement of complaints and denunciations and the fight against corruption
among local forest protection agencies in the domain of forest management and
protection; forest product management, exploitation and use in accordance with
law;
c/ To manage, direct, inspect and organize the
handling of administrative violations; to take legal action against, and
conduct criminal investigation into, law-breaking acts related to forest
management and protection and forest product management in accordance with law;
d/ To protect legitimate rights and interests of
forest owners when forests are encroached upon.
4. Organizing the propagation, dissemination and
education of the forest protection and development law in localities.
5. Building up the forest protection force and
providing professional training for forest protection personnel:
a/ To manage and direct the operation of
dependent units in accordance with law;
b/ To provide professional training and
re-training for local forest protection personnel and forest guards;
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6. Researching and applying scientific and
technological advances in activities of local forest protection forces.
7. Managing personnel, payrolls, material and
technical foundations, implement wage regimes and other regimes and policies on
preferential treatment, commendation and disciplining of local forest
protection personnel in accordance with law.
8. Submitting the professional direction and
abiding by the regime of reporting and statistics under the guidance of the
Forest Protection Department.
9. Performing other forest development tasks
assigned by competent state agencies.
Article 8.-
Organizational structure of district-level Forest Protection Bureaus
A district-level Forest Protection Bureau has a
head and several deputy heads; the office, local forest protection stations;
and forest-gate forest protection stations.
Presidents of provincial-level People's
Committees shall decide on the establishment, merger and dissolution and
specify the tasks, powers and organizational structure of district-level Forest
Protection Bureaus under the guidance of the Agriculture and Rural Development
Ministry and the Home Affairs Ministry.
Article 9.- Tasks and
powers of district-level Forest Protection Bureaus
1. Advising and assisting presidents of district-level
People's Committees in formulating legal documents on forest protection and
development and forest product management in localities; and mobilizing armed
forces units and other forces and means of local units and individuals in order
to prevent and cope with serious forest fires and forest destruction in
necessary and emergency circumstances.
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a/ To conduct activities of forest protection,
forest fire prevention and fighting; and control of forest pests;
b/ To inspect and prevent acts of violating
state regulations on forest management and protection and forest product
management; to patrol and suppress organizations and individuals that destroy
forests, illegally exploit, stockpile, trade in, or transport forest products,
or illegally hunt forest animals in localities;
c/ To disseminate and educate laws, regimes and
policies on forest management, protection and development and forest product
management, exploitation and use; to mobilize people to protect and develop
forests; to build up and provide professional training for community-based
forces engaged in forest protection and forest fire prevention and fighting;
d/ To guide forest owners and local population
communities to formulate and realize plans on forest protection and forest fire
prevention and fighting and forest protection conventions;
e/ To coordinate with the forest protection
bureaus of special-use forests and protective forests in forest protection and
forest product management activities in localities;
f/ To perform other forest development tasks
assigned by competent state agencies.
3. Organizing, directing and managing
professional operation:
a/ To manage personnel, payroll, funds, material
and technical equipment and foundations, implement wage regimes and regimes and
policies on preferential treatment, commendation and disciplining of their
personnel in accordance with law;
b/ To arrange, direct and inspect commune forest
protectors; to monitor the forest and forest land developments;
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d/ To handle or propose competent agencies to
handle violations related to forest management and protection and forest
product management in accordance with law;
e/ To inspect the implementation of plans,
plannings and schemes on forest business and exploitation procedures;
f/ To submit to the direction and administration
of, observe the regimes of reporting and statistics, and perform other tasks
assigned by directors of provincial-level Forest Protection Sub-Departments and
district-level People's Committees.
Article 10.-
Organizational structure of forest protection bureaus of special-use forests
and protective forests
1. A forest protection bureau of a special-use
forest or protective forest has a head and several deputy heads; the office and
forest-gate forest protection stations.
2. The Agriculture and Rural Development Minister
shall decide on the establishment, merger or dissolution of forest protection
bureaus of national parks under its management.
3. Provincial-level People's Committee
presidents shall decide on the establishment, merger or dissolution of forest
protection bureaus of special-use forests or protective forests in their
localities under the guidance of the Agriculture and Rural Development Ministry
and the Home Affairs Ministry.
Article 11.- Tasks and
powers of forest protection bureaus of special-use forests or protective
forests
1. To protect forest resources, fight against
forest destruction; prevent and fight against forest fires; to control pests in
special-use forests or protective forests.
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3. To mobilize the people into forest
protection.
4. To organize, direct and manage forest
protection stations in special-use forests or protective forests.
5. To patrol and suppress organizations or
individuals that destroy forests, illegally exploit, stockpile, trade in or
transport forest products or illegally hunt or catch forest animals. When
necessary, to coordinate with district-level Forest Protection Bureaus in
mobilizing armed forces and other forces and means of local organizations and
individuals to extinguish forest fires and fight illegal forest destruction.
6. To manage personnel, payrolls, funds,
material and technical foundations and equipment, implement wage regimes and
other regimes and policies on preferential treatment, commendation and
disciplining of their personnel in accordance with law.
7. To submit to the direction and administration
of, observe the regimes of reporting and statistics and perform other tasks
assigned by, the director of the Forest Protection Department or directors of
provincial-level Forest Protection Sub-Departments.
8. To perform forest development tasks within
special-use forests or protective forests as assigned by competent authorities.
Chapter III
POWERS AND
RESPONSIBILITIES OF FOREST PROTECTION PERSONNEL, COMMUNE FOREST PROTECTORS AND
FOREST PROTECTION COLLABORATORS
Article 12.- Powers and
responsibilities of forest protection personnel on duty
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a/ To request concerned organizations and
individuals to supply necessary information and documents for check and
investigation; to conduct on-site inspections at forest product-processing
establishments and gather evidences in accordance with law;
b/ To stop means of road or waterway transport
when having grounds to believe that these means illegally carry forest products
or wild animals; to check forest products and wild animals at railway stations,
airports or seaports in accordance with law;
c/ To sanction administrative violations and
apply measures to prevent administrative violations in accordance with law;
d/ The director of the Forest Protection
Department, directors of provincial-level Forest Protection Sub-Departments;
heads of district-level Forest Protection Bureaus and heads of Forest
Protection Bureaus of special-use forests or protective forests may take legal
action against, or conduct criminal investigation into, acts of violating the
law on forests in accordance with law;
e/ To use weapons, equipment, support tools and
spy dogs in accordance with law.
2. Responsibilities:
a/ To abide by the forest protection and
development law, this Decree and the law on cadres and civil servants;
b/ To properly perform their assigned functions
and tasks; to wear uniforms, badges, stripes and insignia on duty;
c/ To bear responsibility in accordance with law
for failure to fully discharge their duties and powers.
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1. Commune forest protectors are state employees
within the payrolls of district-level Forest Protection Bureaus who are
assigned to work in communes, wards or townships where exist forests, under the
management and direction of the heads of Forest Protection Bureaus and, at the
same time, the direction of presidents of commune-level People's Committees.
The number of commune forest protectors depends
on the size of forests and the nature of forest protection work.
2. Commune forest protectors have the powers and
responsibilities defined in Article 12 of this Decree and the following tasks:
a/ To advise commune-level People's Committee
presidents on the state management of forests and forest land; to form
community-based forces to conduct forest protection, forest fire prevention and
fighting and forest pest prevention and control; to formulate plans on forest
management, protection and development; to guide and inspect the implementation
of these plans after they are approved; to mobilize self-defense and militia
forces and other forces and means into the prevention and fighting of forest
fires and illegal forest destruction;
b/ To make statistics on, and inventory of,
forests and forest land under their assigned management; to inspect the use of
forests by forest owners in localities; to certify the origin of lawful forest
products at the request of forest owners in localities;
c/ To coordinate with local forest guards in the
forest protection and forest fire prevention and fighting; to guide and monitor
forest owners in the forest protection and development;
d/ To guide and mobilize village and hamlet
people to formulate and implement their own forest protection conventions;
e/ To disseminate and mobilize people to observe
the forest protection and development law;
f/ To inspect, detect and apply measures to
promptly prevent acts violating the forest protection and development law;
handle administrative violations according to their competence and assist
presidents of commune-level People's Committees in handling administrative
violations related to forest management and protection and forest product
management in accordance with law;
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h/ To perform other forest development tasks
assigned by heads of Forest Protection Bureaus and by commune-level People's
Committees.
Article 14.- Forest
protection collaborators
1. Forest protection collaborators are
Vietnamese citizens who supply information to, and support activities of, the
forest protection service in accordance with law and are recognized by forest
protection agencies at various levels.
2. Expenses for operation of collaborators shall
be paid by forest protection agencies. Collaborators are entitled to
remuneration for their supply of information according to state regulations;
have their information sources kept confidential and their legitimate rights
and interests protected in accordance with law.
Chapter IV
CONDITIONS FOR ENSURING
OPERATION OF THE FOREST PROTECTION SERVICE
Article 15.- Payroll
and funds
1. The payroll of the forest protection service belongs
to the state administrative payroll. The average forest protection payroll
limit is nationwide, with one paid forest protector for 1,000 hectares of
forest.
The Agriculture and Rural Development Ministry
shall coordinate with the Home Affairs Ministry in specifying the total forest
protection payroll for each province or centrally run city.
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a/ The central budget shall fund:
- The operation of the Forest Protection
Department and its dependent units;
- The printing and issuance of forms on
sanctioning of administrative violations, procurement of weapons, equipment and
support tools for the forest protection service nationwide.
b/ Local budgets shall fund the operation of
local forest protection forces in accordance with state budget law.
Article 16.- Equipment
and facilities for the forest protection service
The forest protection service is equipped with
facilities like state administrative agencies and special-use equipment and
facilities, including: communication devices; equipment and facilities for
forest fire prevention and fighting and forest pest control; specialized
control and inspection equipment; and weapons, support tools and spy dogs.
Article 17.- Regimes
and policies for forest protectors
1. Civil servants and employees of the forest
protection service are entitled to wages, seniority allowance, occupation-based
allowance and other allowances as prescribed by the State.
2. Civil servants, employees and contractual
laborers working in forest protection agencies who get wounded or die while on
duty shall be recognized as invalids or martyrs according to current
regulations of the State.
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1. While on duty, forest protectors wear:
a/ Forest protection badges pinned on caps;
b/ Forest protection stripes pinned on
shoulder-straps;
c/ Forest protection emblems pinned on collars;
d/ Forest protection insignia pinned on the left
breast pocket;
e/ Forest protection embossment pinned on the
left sleeve;
f/ Uniforms of the forest protection service
have three types for use in winter, summer and on formal occasions, of a
uniform style and colors.
2. To issue together with this Decree an
Appendix on forest protection badge, stripes, emblems, insignia, banner, flag,
embossment and uniforms (not printed herein).
3. It is strictly prohibited to make counterfeit
forest protection uniforms or abuse these uniforms for improper purposes.
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1. When it is necessary to reinforce forces and
facilities in order to promptly stop illegal forest destruction or to prevent
and fight forest fires, the following persons are competent to issue
mobilization orders:
a/ When a forest fire occurs on a large scale,
the Agriculture and Rural Development Minister shall request presidents of
provincial-level People's Committees to mobilize local forces and means;
ministries, branches and social organizations to mobilize their forces and
means;
b/ Presidents of provincial-level People's
Committees may issue an order to mobilize forces and means of organizations and
individuals in their localities;
c/ Directors of provincial Forest Protection Sub-Departments
may issue an order to mobilize forces and means of local forest protectors
agencies.
2. Agencies of persons competent to issue
mobilization orders shall pay all expenses for mobilized organizations and
individuals according to the state regulations on financial management.
The Finance Ministry shall assume the prime
responsibility for, and coordinate with the Agriculture and Rural Development
Ministry in, guiding the payment of expenses according to the state regulations
on financial management to organizations and individuals having their personnel
and means mobilized.
3. Organizations and individual having their
forces and means mobilized shall comply with the mobilization orders of
competent persons.
Chapter V
STATE MANAGEMENT OF
FOREST PROTECTION
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The Agriculture and Rural Development Minister
shall take responsibility to the Government for performing uniform leadership
and management of the forest protection service and perform the following
tasks:
1. To provide uniform professional instructions
to the forest protection service nationwide;
2. To direct the inspection of the forest
protection service's operation;
3. To direct and inspect the management and
supply of forest protection uniforms, badges, stripes, flags, insignia and
cards; weapons, support tools, specialized means and forms for the sanctioning
of administrative violations;
4. To assume the prime responsibility for, and
coordinate with ministries, ministerial-level agencies and government-attached
agencies in, providing for professional criteria of the forest protection
service; to specify the working relations between forest protection agencies
and agriculture and rural development agencies at all levels; to formulate the
total payroll of the forest protection service and distribute the forest
protection payroll depending on the requirements of forest management and
protection in each locality; to specify the functions, tasks and organizational
structures of local forest protection organizations; and to propose to the
Government benefit regimes and policies and special-use equipment and
facilities for the forest protection service;
5. To direct the training and re-training of the
forest protection personnel;
6. To specify the functions, tasks, powers and
organizational structure of the Forest Protection Department.
Article 21.-
Responsibilities of presidents of the People's Committees at various levels
1. Presidents of provincial-level People's
Committees shall take responsibility to the Government for the protection of
forests in their localities; to direct and inspect the operation of local
forest protection forces, ensuring the observance of law, the provisions of
this Decree, and perform the following tasks:
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b/ To direct the coordination between forest
protection agencies and relevant agencies;
c/ To mange local forest protection personnel,
ensure funds and conditions for operation of local forest protection forces in
accordance with law;
d/ To define the responsibilities of
district-level and commune-level People's Committees for management and
protection of forests in their localities; the coordination among forest
protection forces with local agencies, units, socio-political organizations in
forest protection, forest product management and forest fire prevention and
fighting;
e/ To conduct propagation, dissemination and
education of forest management and protection law, prevent acts of violating
the forest law and supervise and assist the operation of local forest
protection services;
f/ To specify the tasks, powers and
organizational structure of provincial Forest Protection Sub-Departments under
the guidance of the Agriculture and Rural Development Ministry and the Home
Affairs Ministry.
2. Presidents of district-level People's
Committees shall:
a/ Direct and inspect the operation of district
forest protection forces to protect and develop forests in localities;
b/ To direct the coordination between forest
protection agencies and relevant agencies in district localities;
c/ To mobilize and educate the people to
implement regulations on forest management and protection, fight against and
prevent acts of violating the law on forests and monitor and assist the
operation of local forest protection forces.
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a/ Direct and inspect the operation of commune
forest protectors to protect and develop forests in localities;
b/ To direct the coordination among commune
forest protectors and concerned organizations and individuals in localities;
c/ To propagate and educate the people to
implement forest management and protection regulations, fight against and
prevent violations of the law on forests.
Article 22.-
Responsibilities of directors of provincial/municipal Agriculture and Rural
Development Services
Directors of provincial/municipal Agriculture
and Rural Development Services shall take responsibility to presidents of provincial-level
People's Committees for organizing forest management and protection activities
in accordance with this Decree; and organize the coordination between forest
protection forces and concerned agriculture and rural development agencies in
their localities.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 23.-
Implementation effect
This Decree takes effect 15 days after its
publication in "CONG BAO."
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1. The Agriculture and Rural Development Minister
shall assume the prime responsibility for, and coordinate with concerned
ministries in, guiding the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies and government-attached agencies, and presidents of provincial/municipal
People's Committees shall implement this Decree.