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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
178/2001/QD-TTg
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Hanoi,
November 12, 2001
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DECISION
ON THE BENEFITS AND OBLIGATIONS OF HOUSEHOLDS AND
INDIVIDUALS ASSIGNED, LEASED OR CONTRACTED FORESTS AND FORESTRY LAND
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Forest Protection and Development of August 19, 1991;
Pursuant to the July 14, 1993 Land Law; the December 2, 1998 Law Amending and
Supplementing a Number of Articles of the Land Law; and the June 29, 2001 Law
Amending and Supplementing a Number of Articles of the Land Law;
Pursuant to the Government’s Decree No.163/1999/ND-CP of November 16, 1999 on
the assignment and lease of forestry land to organizations, households and
individuals for stable and long-term use for forestry purposes;
Pursuant to the Government’s Decree No.01/CP of January 4, 1995 on the
contractual assignment of land for agriculture, forestry and aquaculture
purposes in State enterprises;
At the proposal of the Minister of Agriculture and Rural Development,
DECIDES:
Chapter I
GENERAL PROVISIONS
Article 1.- This
Decision prescribes the benefits and obligations of households and individuals
assigned, leased or contracted forests and forestry land by the State for
forest protection, regeneration zoning off and planting, with a view to
creating an economic motive force for encouraging people to actively
participate in forest protection and development; making their incomes from
forests one of considerable income sources, thus contributing to ensuring the
life of foresters; and at the same time, clarifying responsibilities of people
assigned, leased or contracted forests for forest protection and development.
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1. Being assigned forests and forestry land by
the State under the Government’s Decree No.02/CP of January 15, 1994; being
assigned or leased forestry land under the Government’s Decree
No.163/1999/ND-CP of November 16, 1999 on the assignment and lease of forestry land
to organizations, households and individuals for stable and long-term use for
forestry purposes.
2. Being contracted by State organizations to
protect, zone off for regeneration and plant forests under the Government’s
Decree No.01/CP of January 4, 1995 on the contractual assignment of land for
agriculture, forestry and aquaculture purposes in State enterprises.
Article 3.- The
principles for determination of benefits and obligations of households and
individuals assigned, leased or contracted forests and forestry land by the
State
1. Ensuring the harmony between interests of the
State and those of people directly involved in forest protection, regeneration
zoning off and planting; between the forests economic benefits and the benefits
of ecological environment protection and nature preservation; between the
immediate interests and the long-term ones.
2. The benefits brought about by forestry land
include: timber, forest products other than timber, inter-planted products, and
wages corresponding to money amounts and labor already invested in forests by
households and individuals.
3. The benefits and obligations shall be
effected only during the forest- and forestry land- assignment, -lease or
-contracting term.
Chapter II
BENEFITS AND OBLIGATIONS
OF HOUSEHOLDS AND INDIVIDUALS ASSIGNED OR LEASED FORESTRY LAND BY THE STATE
Article 4.- Households
and individuals assigned special-use forests by the State for management,
protection and building up:
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2. To conduct scientific research, cultural,
social and eco-tourist activities under the provisions of law.
Article 5.- Households
and individuals assigned protection forests for management, protection and
regeneration zoning off:
1. To be provided with funding by the State for
performance of the task of managing, protecting and zoning off forests for
regeneration according to current regulations.
2. To harvest secondary forest products,
flowers, fruits, oil, resin... in the course of protecting and zoning off
forests for regeneration according to current regulations.
3. To exploit dry necron-timber trees, fallen
and broken trees as well as diseased trees according to the exploitation
designs approved by the provincial/municipal Agriculture and Rural Development
Services and the permits granted by the latter. The above-mentioned forest
products may be freely circulated upon the completion of all the procedures
prescribed therefor.
4. To exploit bamboo with the maximum
exploitation intensity of 30% when the forest coverage reaches 80% of the
assigned land area according to the current regulation on exploitation of forest
products; to enjoy the entire value of forest products after paying taxes.
5. To exploit timber by the mode of selective
cutting with the exploitation intensity of not more than 20% when the
protection forests are allowed for exploitation (except for animals and plants
on the lists of precious and rare forest plants and animals promulgated by the
Government, and lists of animals and plants provided for in the appendix to the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
- CITES) according to designs approved by the provincial/municipal Agriculture
and Rural Development Services and exploitation permits granted by the latter.
The exploitation must comply with the current regulation on exploitation of
forest products. Households and individuals shall enjoy 85-90% of the exploited
products after paying taxes, the rest shall be remitted into the State budget.
Article 6.- Households
and individuals assigned forestry land without forests but falling under the
protection forest planning:
1. To be provided with funding by the State for
forest planting and tending according to current regulations.
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3. To enjoy 100% of products exploited from
supporting trees, inter-planted trees and forest thinning’s products according
to designs approved by the provincial/municipal Agriculture and Rural
Development Services, and to ensure the forest coverage degree of over 0.6
after thinning.
4. To use no more than 20% of the forestry land area
without forests for agricultural production and aquaculture.
5. To exploit timber by the mode of selective
cutting with the exploitation intensity of not more than 20% when the
protection forests are allowed for exploitation according to designs approved
by the provincial/municipal Agriculture and Rural Development Services and
exploitation permits granted by the latter.
The after -tax value of exploited products shall
be divided according to the following proportions: households and individuals
shall enjoy 90-95%, the remainder shall be remitted to the State budget.
6. In cases where households and individuals
invest capital by themselves in forest planting, they shall enjoy 100% of
products when forests reach exploitation ages but can annually exploit no more
than 10% of the area already afforested by forest owners according to current
technical processes and regulations.
Article 7.- Households
and individuals assigned by the State natural forests subject to production
forest planning:
1. To inter-plant agricultural and
pharmaceutical plants, graze cattle and exploit other forest resources
according to the regulation on management of production forests.
2. To make the fullest use of products in the
course of applying silvicultural measures according to current processes and
regulations.
3. To exploit forest products to meet the family
needs (except for the animals and plants on the lists of precious and rare
forest animals and plants prescribed by the Government and lists of animals and
plants provided for in the appendix to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora - CITES). If wishing to build new
houses for household separation or replacement or overhaul of their dwelling
houses in communes where exist forests, the concerned households or individuals
shall have to file applications with the commune People’s Committees for
certification and further submission to the district People�s Committees for
consideration, approval and granting of permits for exploitation of not more
than 10 m3 of log for each household. The exploitation must be subject to the
commune administrations guidance and supervision. All acts of taking advantage
of exploitation of housing timber for trading are strictly prohibited.
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Depending on the present conditions of forests
when they are assigned to households or individuals, the after-tax value of
major forest products shall be divided according to the following proportions:
a/ For timber forests:
- Depleted secondary forests: Households and
individuals shall enjoy 100%.
- Forests restored after milpa farming or
exploitation of timber trees with the common diameter of under 20 cm:
Households and individuals shall enjoy 70-80%, the rest shall be remitted into
the State budget.
- Forests with average or rich reserves of more
than 100 m3/ha: From the time of assignment to the time of exploitation
thereof, each year households and individuals shall enjoy 2%, the rest shall be
remitted into the State budget.
b/ For bamboo forests: They are allowed for
exploitation according to current technical processes and regulations. After
paying taxes, households and individuals shall enjoy 95% of the forest products
value, the remaining 5% shall be remitted into the State budget.
Article 8.- Households
and individuals assigned production forests being planted forests financed by
the State budget:
1. To enjoy the benefits provided for in Clauses
1, 2 and 3, Article 7 of this Decision.
2. To exploit forests when they reach the
exploitation standards and enjoy 75-85% of the forest products value after
paying taxes, depending on the age-gradations of forests when they are
assigned, the rest shall be remitted into the State budget.
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1. To be supported by the State with capital for
afforestation according to current regulations.
2. If receiving support capital from projects
for afforestation, to enjoy the benefits provided for in the regulations of
such projects.
3. If investing their own capital in
afforestation, to have the right to decide by themselves on afforestation
purposes and modes (zoning off for regeneration or planting new forests),
select trees for planting and planting techniques; and have the right to decide
on their own exploitation and use of forest products.
4. All products exploited from forests shall be
freely circulated.
5. To use part of forestry land without forests
for agricultural production or aquaculture, which, however, must not exceed 20%
of the assigned land area.
Article 10.- Households
and individuals leased forestry land without forests but falling under the
production forest planning, for afforestation:
1. To have the right to decide by themselves on
afforestation purposes and modes (zoning off for regeneration or planting new
forests), select trees for planting and planting techniques; and have the right
to decide by themselves on the exploitation and use of forest products.
2. If households and individuals receive support
capital from projects for afforestation, they shall enjoy the benefits provided
for in the regulations of such projects.
3. All products exploited from forests shall be
freely circulated.
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Article 11.- Households
and individuals leased special-use forest land or protection forest land by the
State for dealing in scenic places, tourism, or rest and recreation under the
forest canopy:
1. To use the forest habitat for eco-tourist
business or rest and recreation; to build tourist service or rest and
recreation establishments under forest canopy according to projects ratified by
competent State agencies.
2. To strictly abide by the law provisions on
management and protection of special-use forests and protection forests; all
acts of causing pollution and harms to the normal growth and development of
forest animals and plants are strictly prohibited.
Article 12.- Households
and individuals assigned or leased forestry land by the State shall have the
following obligations:
1. To manage, protect and use the assigned or
leased forests and forestry land for the right purposes, within the boundaries
already inscribed in the forestry land -assignment or -lease decisions issued
by competent State agencies.
2. To preserve and develop the assigned or
leased forests. To apply measures for forest improvement within 1 year after
exploitation.
3. To fulfill all financial obligations as
prescribed by law.
Chapter III
BENEFITS AND OBLIGATIONS
OF HOUSEHOLDS AND INDIVIDUALS CONTRACTED BY THE STATE TO PROTECT, REGENERATION
ZONE OFF AND PLANT FORESTS
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1. To receive contractual remuneration for
forest planting, protection and regeneration zoning off under contracts.
2. To be given conditions by the special-use
forest management boards for participation in service and tourist activities.
Article 14.- Households
and individuals contracted to protect and regeneration-zone off natural forests
in the headwater protection areas:
1. To receive contractual remuneration for
forest protection and regeneration zoning off under contracts.
2. To harvest secondary forest products,
flowers, fruits, oil, resin... in the course of protecting and zoning off
forests for regeneration under the guidance of the contracting party.
3. To exploit dry necron-timber trees, fallen
and broken trees, diseased trees and forest thinning�s products according to the contracting party’s
design approved by the provincial/municipal Agriculture and Rural Development
Service and exploitation permit granted by the latter. The above-mentioned
forest products shall be freely circulated.
4. To exploit bamboo with the maximum intensity
of 30% when forests cover over 80% of the contracted area, under the guidance
and supervision of the contracting party. Households shall enjoy 80-90% of the
after-tax value of forest products, and the remainder shall be paid to the
contracting party.
5. To exploit timber by the mode of selective
cutting with the exploitation intensity of not more than 20% when protection
forests are allowed for exploitation according to the design elaborated by the
contracting party and appraised by the provincial/municipal Agriculture and Rural
Development Service for submission to the provincial/municipal People’s
Committee for approval and granting of exploitation permit. Depending on the
present conditions of forests when they are contracted to households or
individuals, the after-tax value of exploited timber shall be distributed as
follows:
- For depleted secondary forests: Households and
individuals shall enjoy 95%, the remainder shall be paid to the contracting
party.
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- For forests with average or rich reserves of
over 100m3/ha: From the time of being contracted to the time of exploitation,
each year households and individuals shall enjoy 2%, the remainder shall be
paid to the contracting party.
In cases where the contracted households invest
their own capital in zoning off forests for regeneration, they shall enjoy 100%
of the after-tax value of exploited timber.
Households and individuals shall have to make
self-investment in forest improvement within 1 year after exploitation.
Article 15.- Households
and individuals contracted to plant, tend and protect headwater protection
forests:
1. To be provided by the State with funding for
forest planting, tending and protection according to current regulations.
2. To use perennial agricultural trees as major
trees to for planting in the protection forests or inter-planting with
perennial native forest trees according to the forest-planting design
elaborated by the contracting party and approved by the provincial/municipal
Agriculture and Rural Development Service.
3. To enjoy 100% of products exploited from
supporting trees, inter-planted trees and forest thinning’s products, but must
ensure the forest coverage degree of over 0.6 after thinning.
4. To harvest secondary forest products,
flowers, fruits, oil, resin... under the contracting party�s guidance.
5. To use no more than 20% of the forestry land
area without forests for agricultural production and aquaculture under the
contracting party’s guidance.
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The after-tax value of exploited products shall
be divided according to the following proportions:
a/ If households and individuals receive the
State’s support capital for forest planting, tending and protection, they shall
enjoy 80-90%, the remainder shall be paid to the contracting party.
b/ If the contracted households and individuals
invest their own capital in planting, tending and protecting forests, they
shall enjoy 100% of the products value after paying taxes.
c/ The contracted households and individuals
shall have to make self-investment in forest improvement within 1 year after
exploitation.
Article 16.- Households
and individuals contracted to plant and protect wind- or sand-shielding
protection forests; sea wave-shielding and sea-encroachment protection forests,
and protect the ecological environment:
1. To be provided by the State with funding for
forest planting, tending and protection according to current regulations.
2. To inter-plant agricultural trees with forest
trees and enjoy all products of the inter-planted trees.
3. To harvest secondary forest products,
flowers, fruits, oil, resin... under the contracting party’s guidance.
4. To make the fullest use of forest products in
the course of applying silvicultural measures according to current processes
and regulations.
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The after-tax value of exploited products shall
be divided as follows:
a/ If receiving the State’s support capital for
forest planting and tending, households and individuals shall enjoy 60-70%, the
remainder shall be paid to the contracting party.
b/ If investing their own capital in forest
planting, tending and protection, households and individuals shall enjoy 100%
of the value of products after paying taxes.
Households and individuals shall have to make
self-investment in forest improvement within 1 year after exploitation.
Article 17.- Households
and individuals contracted to plant, tend and protect protection forests in
submerged forest areas:
1. To be provided by the State with funding for
forest planting and tending according to current regulations.
2. To catch aquatic and marine products on the
contracted forest land under the guidance of the contracting party; to make the
fullest use of forest products in the course of applying silvicultural measures
according to current technical processes and regulations.
3. To use no more than 30% of the contracted
land area for aquaculture but must not cause adverse impacts on the forest
trees and comply with plannings of branches and localities as well the
contracting party’s guidance.
4. To selectively exploit forests when they are
allowed for exploitation with the maximum intensity of 20% according to the
design elaborated by the contracting party and appraised by the
provincial/municipal Agriculture and Rural Development Service for submission
to the provincial People’s Committee for approval and granting of exploitation
permits.
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a/ If receiving the State’s support capital for
forest planting and tending, households and individuals shall enjoy 80-90%, the
remainder shall be paid to the contracting party.
b/ If investing their own capital in forest
planting, tending and protection, households and individuals shall enjoy 100%
of the value of products after paying taxes.
Households and individuals shall have to make
self-investment in forest improvement within 1 year after exploitation.
Article 18.- Households
and individuals contracted production forests being natural forests:
1. To extract to the utmost forest products in
the course of applying silvicultural measures according to current technical
processes and regulations; to exploit secondary forest products.
2. To inter-plant forest specialty trees,
agricultural trees and graze cattle under the forest canopy, in the forest
glades but must not adversely affect the forest growth.
3. When forests reach the exploitation
standards, the contracting party shall agree with contracted households and
individuals on exploitation according to the design approved by the provincial
People’s Committee which shall grant the exploitation permit.
The after-tax value of forest products shall be
divided as follows: The contracted households and individuals shall enjoy
1.5-2% for each contractual year of protecting forests, the remainder shall be
paid to the contracting party.
Article 19.- Households
and individuals contracted to restore natural forests being production forests
by applying the method of zoning off forests for regeneration combined with
additional planting:
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2. To combine agricultural production with
forestry under the forest canopy according to the contracting party’s guidance.
3. To make the fullest use of forest products in
the course of applying silvicultural measures according to current technical
processes and regulations.
4. To exploit forests when they reach the
exploitation standards according to the design elaborated by the contracting
party, and approved by the provincial People’s Committee which shall grant the
exploitation permit.
The after-tax value of forest products shall be
divided as follows: The contracted households and individuals shall enjoy
1.5-2% for each contractual year of zoning off forests for regeneration, the
remainder shall be paid to the contracting party; if the contracted households
and individuals make self-investment in zoning off forests for regeneration,
they shall enjoy 2.5-3% for each contractual year of zoning off forests for
regeneration.
Article 20.- Households
and individuals contracted to plant, tend and protect production forests:
1. To be provided by the contracting party with
funding for forest planting, tending and protection according to current
regulations.
2. To inter-plant agricultural trees with forest
trees in those forests without crown contacts; to combine agricultural
production with forestry under the forest canopy but must not cause adverse
impacts on the growth of forest trees; to enjoy all products of inter-planted
trees.
3. To make the fullest use of forest products in
the course of applying silvicultural measures according to current technical
processes and regulations.
4. When forests reach exploitation standards,
the contracted households and individuals shall reach agreement with the contracting
party on the time and mode of exploitation.
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If the contracted households and individuals
invest their own capital in forest planting, tending and protection, they shall
enjoy 95% of the value of exploited products after paying taxes, the rest shall
be paid to the contracting party.
If the contracted households and individuals
make joint investment with the contracting party, the said value shall be
divided according to their corresponding capital contributions and the number
of workdays converted into money.
Article 21.- Households
and individuals contracted to protect, regeneration zone off and plant forests
(except for special-use forests) are allowed to use part of the contracted land
area not exceeding 200m2 to build houses in order to look after the contracted
forests but must reach a written agreement with the contracting party and
register it with the commune People�s Committee.
Article 22.- Households
and individuals contracted to protect, regeneration zone off and plant forests
shall have the following obligations:
1. To use the contracted forests and forestry
land for the right purposes, according to the right plan already stated in the
contract.
2. To sell products turned out on the contracted
land according to the contract.
3. If breaching the contract, thereby causing
damage to the contracting party, to pay compensation therefor as prescribed by
law.
Chapter IV
IMPLEMENTATION
PROVISIONS
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1. For special-use forest management boards,
protection forest- management boards and other State organizations: It shall
constitute a revenue source and be used mainly for forest management,
protection and development.
2. For State enterprises: It shall constitute a
revenue source from forestry business activities in direct service of forest
management, protection and development.
Article 24.-
Organization of implementation
1. The Ministry of Agriculture and Rural
Development shall assume the prime responsibility and coordinate with the
Ministry of Finance and the relevant ministries and branches in guiding the
implementation of this Decision.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the relevant agencies and the
presidents of the People’s Committees of the provinces and centrally-run cities
shall have to implement this Decision.
Article 25.- This
Decision takes effect 15 days after its signing, the earlier provisions
contrary to this Decision are hereby annulled.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Cong Tan
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