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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.
100/2007/QD-TTg
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Hanoi,
July 6, 2007
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DECISION
AMENDINGANDSUPPLEMENTINGA
NUMBER OK A RTICLES OF DECISION No. 661/QD-TTg OK JULY 29, 1998, ON THE TARGETS,
TASKS, POLICIES AND ORGANIZATION OK IMPLEMENTATION OF THE PROJECT ON PLANTING 5
MILLION HECTARES OF FORESTS
THE PRIME MINISTER
Pursuant to the December 25,
2001Law on Organization of the Government;
Pursuant to the December3,2004Law on Forest Protection and Development;
Pursuant to the Primer Minister's Decision No. 661/QD-TTg of July 29,1998, on
the targets, tasks, policies and. organization of implementation of the project
on planting 5 million hectares of forests;
Pursuant to Resolution No. 73/2006/QH11 of the Xth National
Assembly, the 10th session, on adjustment of the targets and tasks
of the project on planting 5 million hectares of forests in the 2006-2010
period;
At the proposal of the Minister of Agriculture and Rural Development,
DECIDES:
Article 1.- To amend and
supplement a number of articles of the Prime Minister's Decision No. 661/QD-TTg
of July 29, 1998, on the targets, tacks policies and organization of
implementation of the project on planting 5 million hectares of forests:
I. TO AMEND ARTICLE 3 AS
FOLLOWS:
“Article 3. - Tasks of the
project during 2006-2010:
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a/ Management and protection of
forests:
For special use forests: To
relocate inhabitants from the zones which must be strictly protected under
regulations. If conditions do not permit that relocation, there must he
specific schemes and investments to stabilize their life and prevent
deforestation. In strictly protected zones, forests may be contracted to people
only if the State's specialized forest protection forces are inadequate.
- For protection forests; To
increase measures in order to protect existing natural forest resources. To
attach importance to the development of valuable non-timber forest products and
those under the forest canopy so that people may benefit from the contracting
of protection forests. To gradually reduce the area of forests contracted for
protection; the management boards of protection forests may contract with
people for the protection of forests in difficulty hit areas and areas at the
high risk of destruction which do not bring any benefits yet Forests in border
areas far from residential areas, which are at the high risk of encroachment,
may be allocated to or contracted with border guard or public security units
for protection. To concentrate efforts on stepping up the allocation of forests
to local communities and households, creating conditions for them to manage,
protect and benefit from forests, thereby developing forests;
- For production forests: Forest
owners shall by themselves organize forest protection forces; households shall
protect forests by themselves and with the assistance of the community. Forest
rangers and local administrations at all levels shall handle acts of
encroaching upon production forests of all economic sectors so as to ensure the
strict observance of discipline and law and make forest owners feel at ease
when investing in forests.
b/ Planting and development of
forests
- Special-use forests: To review
the planning on special-use forests and functional zones within those forests;
to keep the special-use forest acreage stable at around 2 million ha. With
regard to planned areas where- special-use forests do not yet exist, if it. is
necessary to restore forests, the major measure is to zone off forests for regeneration;
special attention shall be paid to the development of non-timber forest
products in order to generate incomes for inhabitants in special-use forest
areas (outside strictly protected zones);
- Protection forests; To keep
the protection forest acreage stable at around 6 million ha nationwide. With
regard to planned land areas where protection forests do not yet exist, the
major measure is lo zone off forests for regeneration and forests shall be
planted only in areas where conditions do not permit forest regeneration.
Priority shall be given to investment in projects on wave- and sand-break
protection forests or border protection zones. All economic sectors may
participate in the protection and development of protection forests and enjoy
forest benefits in accordance with law;
- Production forests: To
allocate or lease around 3 million ha (including natural forests, forest
plantations, hare land and hills) which have been planned for protection
forests but. after investigation, fail to meet the criteria for conversion into
production forests, to organizations, households, communities and individuals
for long-term production or business in accordance with law. To thoroughly
tackle land-related issues in each locality so as to attract all economic sectors
to invest in the building of large or medium consolidated raw material areas,
thereby ensuring raw materials for forest product processing. To encourage
forms of joint venture and cooperation, and the establishment of forestry
cooperatives. To use combined bio-forestrial methods to raise the quality of
natural forests, proceed to the sustainable management and exploitation of
forests, thus nurturing forests with forests:
+ For production forests being
natural forests: To formulate schemes on forest management and exploitation
based on sustainable forest management approach;
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+ For existing production
forests that are plantation forests: Beside exploiting and replanting them, to
encourage investment in tending and conversion of small-timber forests into
big-Umber forests so as to supply big- timber for the processing of
domestic-use woodworks, fine-art items for export and other processing needs;
+ For bare land for planting
production forests; To step up afforestation by intensive planting so as to
meet the demand for big and small timber for use as raw materials for the
processing of domestic-use woodworks; to encourage the planting of multipurpose
trees and non-timber species. To use high-quality varieties in order lo raise
the productivity of forest plantations.
To renew the work of scientific research,
technology transfer and silviculture extension in forest plantation and
protection. To concentrate efforts on improving forest seedlings to have a
higher productivity and a shorter cycle while taking advanced bio-forestrial
measures to raise the productivity of forest plantations. To improve bio
forestrial processes and regulations and make market information available. To
enhance the operation of grassroots silviculture extension networks in
mountain, deep-lying and remote communes.
2. Specific tasks:
-To review planning* on forests
of three types, determine stable forest estates on the map and place landmarks
to delineate forests of three types on the field;
- To review and complete the
allocation and lease of forests and forest land to forest owners (local
communities, households, organizations and enterprises);
-To set up forest protection
teams and train local forest rangers for 100% villages and communes with
forests;
- To ensure that 100% of
protection and special-use forests will have owners (state organizations,
individuals or communities) and medium- and long-term forest protection and
development planning and plans;
- To ensure that 100% of units
engaged in natural forest production and business will formulate, implement,
supervise and assess forest management schemes;
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- To zone off for regeneration
800,000 hectares of forests, of which 400,000 ha will transitionally be zoned
off and the rest will be zoned off for the first time;
- To plant 250.000 ha, 50,000 ha
a year on average, of special-use forests and protection forests;
- To plant 750,000 ha, 150,000
ha a year on average, of production forests.
- Total investment capital: VND
15.000 billion, of which;
+ State budget capital: VND
5,000 billion, VND 1,000 billion a year on average;
+ Loan capital and other capital
sources: VND 10,000 billion, VND 2,000billion a year on average.
II. TO AMEND ARTICLE 5 AS
FOLLOWS:
“Article 5.- Land policies:
1. In 2007. provincial/municipal
People's Committees shall complete the review and re- planning of forests of
three types under Directive No. 38/2005/CT-TTg , thus keeping stable national
forest estates on map and on field.
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2. After reviewing the plannings
on forests of three types, provinces shall place landmarks to delineate these
forests on the field; review and adjust local projects on planting 5 million
hectares of forests; reorganize and allocation the operation of state-owned
forestry farms; review and accelerate the allocation and lease of forests and
forestland to organizations, households, individuals and local communities for
stable and long-term use for silviculture purposes; and encourage domestic and
foreign economic sectors to participate in forest protection and development.
3. The limits and terms of land
allocation, land lease, forest lease, land recovery and forest recovery comply
with the 2003 Land Law, the 2004 Forest Protection and Development Law, the
Government's Decree No. 23/2006/ND-CP guiding the implementation of the Law on
Forest Protection and Development, and relevant legal documents.”
III. TO AMEND ARTICLE AS
FOLLOWS:
“Article 6.- Investment and
investment credit policies:
1. Slate budget investment
capital
- Annually, to set aside 5% of
the project fund for forest management and protection (awareness raising and
education, training, grant of responsibility allowances for commune-level
forestry cadres, organization of forest protection, forest fire and pest
control forces, land and forest allocation...); the specific spending levels
shall be decided by provincial/municipal People's Committees based on the
actual situations of localities.
- To continue contracting the
protection of special-use forests and protection forests which are currently
managed by management boards in localities at the high risk of destruction and
which cannot bring any benefits yet. The level of central budget support for
local budgets for the contracting of the protection of protection forests or
special-use forests is VND 100,000 /ha/year. The specific contractual quotas
and terms applicable to each locality shall be decided by provincial/municipal
People's Committee, based on the actual situation (except for localities
subject to other regulations of the Prime Minister). The support level of VND
100,00OVha/year is also applied to the zoning off of natural forests for
tending;
- The fund for the project on
planting 5 million hectares of forests shall also be used for the review of the
plannings on forests of three types and for the placement of landmarks;
- For protection forests and
special-use forests; Investment in afforestation and zoning off of forests for
regeneration, including additional planting and enriching of natural forests,
shall be considered on the basis of the bio forestrial econo-technical norms
set by the Ministry of Agriculture and Rural Development; specific investment
amounts for each project or region shall be based on die cost estimates
approved by competent authorities. The average investment portion for
afforestalion, which is used for the purpose of balancing annual investment
plans in the 2007-2010 period, is VND 6 million/ha.
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- When participating in forest
protection and
development on the allocated
forestland, ethnic minority households governed by the Prime Minister's
Decision No. 134/2004/QD-TTg of July 20,2004, are entitled to the benefits specified
in the Prime Minister's Decision No. 304/2005/QD-TTg of November 73, 700*1, in
addition to the benefits above, depending on whether those forests are
protection or production ones;
- To supply food for ethnic
minority inhabitants in mountainous regions to plant forests instead of
slash-and-bum cultivation:
+ For unstable mountain fields
with a slope of over 25° which have not yet been renovated into terraced fields
on land planned for protection forests (around 500,000 ha), where the
cultivation of rice and subsidiary crops is likely lo erode or degrade the
soil, protection forests will be re-planted;
+ For mountain fields with a
slope of under 25° on land areas planned for production forests (around
2&O.U0U ha), production forests will be planted with limber or specialty
trees suitable to the local natural conditions and consumption markets.
While people are planting
forests and cannot yet change their cultivation methods, the State shall
provide an average support of 10 kg of rice/ person/month and concurrently
allocate funds according to regulations, depending on whether they plant
protection or production forests, for them to replant forests on mountain field
land areas. To encourage the planting of multi-purpose trees and non-timber
species in protection forests. Provincial People's Committee shall decide on
specific support levels. Foresters are entitled to all forest products under
the forest canopy and timber products, if any, in protection forests that arc
forest plantations in accordance with regulations
- To build essential
infrastructure facilities in service of bio-forestrial work under afforestation
projects, specifically:
+ Providing support for
construction and upgrading of seeding gardens, seeding forests, converted
seeding forests and nurseries for the creation of forest seedlings;
+ Building and upgrading works
for forest pest and forest fire control (fire lines, fire towers, canals, water
tanks and reservoirs for forest fire extinguishment in the dry season...);
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The fund for investment in
infrastructure construction (for elaboration of annual master plans) shall
account averagely for 10% of the total budget investment capital for a project.
The specific investment level for a project shall be approved by the Ministry
of Agriculture and Rural Development or the provincial People's Committee.
- To set aside 2% of the total annual
budget investment capital for the Project to organize silviculture extension
activities: building models, transferring advanced techniques, communication,
guiding and training local foresters who directly participate in the Project;
- The fund for management of the
Project on planting 5 million ha of forests is estimated at 10% of the total
state budget investment capital for the Project including 0,7% to be allocated
to ministries and centrally run branches, 1.3% to provinces and 8,0% to local
project owners;
- If their salaries have not yet
been guaranteed by other non-business funding sources, forest management board
members, including project directors, accountants, planning and technical
officers and field supervisors will receive salaries from the project fund.
2. Investment credit
- Forestry farms, enterprises,
investors, organizations and households participating in planting forests under
raw material forest-planting projects approved by competent authorities may
borrow capital from the Vietnam Development Bank, ODA capital from foreign
countries and international organizations and capital of other sources at the
current preferential interest laics. Loan terms will correspond to the planted
tree cycles. Investors shall repay loans and interests under credit contracts,
excluding accumulated interests, only after exploiting timber of the first
cycle, and are responsible for replanting forests;
- To encourage all economic
sectors, domestic and foreign enterprises to invest in afforestation. Investors
may be allocated or leased land to conduct business in a stable and permanent
manner under current regulations;
To set up central and local
forest protection and development funds from various capital sources (budget
capital, ODA capital, forest and water resources tax. electricity and
environmental service charges, carbon credit, eco-tourism revenues and other
contributions) in support of investment in forest protection and development
IV. TO ADD THE FOLLOWING
ARTICLE 13A:
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The Ministry of Planning and
Investment shall assume the prime responsibility for, and coordinate with the
Ministry of Agriculture and Rural Development in, assigning the 3-year plan
(phased on a yearly basis) to provinces, based on which provinces shall assign
plans to local project owners for active preparation of land, plant varieties
and afforestation to ensure the completion of the Project.
Article 2.- Besides the
amendments to Articles 3, 5 and 6 and the added Article 13a above, other articles
of the Prime Minister's Decision No. 661/QD-TTg of July 29, 1998, remain
effective.
Article 3.- After the
2006-2010 targets and tasks are accomplished, from 2011 the Government shall
assign the Ministry of Agriculture and Rural Development to assume the prime
responsibility for, and coordinate with the Ministry of Planning and Investment
and the Ministry of Finance in, further arranging capital and administering
forest protection and development programs according to the mechanism
applicable to national target programs in order to achieve the objective of
planting 5 million hectares of forests.
Article 4.- Ministers,
hearts of ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal people's Committees shall implement this
Decision.
Article 5.- This Decision
takes effect 15 days after its publication in "CONG BAO."
FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Sinh Hung