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THE PRIME MINISTER
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No.245/1998/QD-TTg
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Hanoi, December 21,
1998
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DECISION
ON THE EXERCISE OF
STATE MANAGERIAL RESPONSIBILITY OF VARIOUS LEVELS CONCERNING FORESTS AND FOREST
LAND
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government dated September 30, 1992;
Pursuant to the Law on the Protection and Development of Forests dated August
12,1991;
Pursuant to the Land Law of July 14,1993;
Pursuant to Ordinance of June 25, 1996 on the specific tasks and powers of the
People�s Council
and People’s Committee at each level;
In order to continue concretizing the implementation of Decree No.17/HDBT of
January 17, 1992 of the Council of Ministers (now the Government) on the
implementation of the Law on Protection and Development of Forests and the
implementation of the strategy to renew the forestry service in the new stage;
-At the proposals of the Minister of Agriculture and Rural Development, the
Minister-Head of the Government Commission for Oganization and Personnel and
the Director General of the General Land Administration,
DECIDES
Article 1.- This Decision aims to define
clearly the State managerial responsibility of the competent levels with
authority over forests and forest land, contribute to the prevention of
destructive acts against forest resources and forest land and create conditions
for all organizations, family households and individuals to take part actively
in the protection and development of forests.
Article 2.- Contents of State management
over forests and forest land:
1. To survey and determine the various types of
forest; to delineate the forests and forest lands on the maps and on the
terrain down to the communal level administrative unit; and to inventorize and
monitor the evolution of the forests and the changes in forest land.
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3. To issue legal documents on the management
protection and development of forests and the use forests and forest land and
to organize the implementation of documents already issue according to the
competence prescribed by law.
4. To allocate forest land and forests, to
recover forest land and forests.
5. To register, draw up and manage the land
register and to issue certificates of land use right.
6. To check, inspect and handle violations in the
implementation of the law and policies on management, protection and
development of forests and the use of forests and forest land.
7. To settle disputes on forests and forest
land.
Article 3.- State managerial responsibly
concerning forests and forest land of the various Ministries and branches in
the management of the protection of forests, in the prevention and fight
against forest fires and in the building and development of forests, especially
in deep-lying, remote and border areas and on offshore islands in association
with the protection of security and national defense.
1. The Ministry of Agriculture and Rural
Development is the agency answerable to the Government on State management of
forests.
a/ To conduct periodical survey, control and
classification of forests, inventorize the acreage and reserve of each type of
forest, to draw up forest maps and maps of forest land in the whole country.
b/ To draw up the general plan and plans for the
protection and development of forests and the long-term use of forests in the
whole country to submit to the Government for approval.
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c/ To submit to the Government for approval the
volume of timber output of natural forests allowed to be exploited and consumed
each year in the whole country.
To evaluate the general dossier about designing
and exploiting the natural forests and issue the decision to open the forests
for exploitation by the provinces and cities directly under the Central
Government.
d/ To make proposals for the Government to
decide on the setting up of national parks, natural preserves, protection
forests of national importance or located on the territory of many provinces,
national seed forests and assign them to organizations under the Ministry of
Agriculture and Rural Development and relevant branches or the People's
Committees in the provinces for management, protection and building.
e/ To elaborate sub-law documents to submit to
the Government for promulgation and to promulgate according to their competence
policies, regimes, regulations, technical processes and norms related to the
management, protection, development and use of forests and forest land in the
whole country.
f/ To organize in cooperation with the State
Inspectorate the inspection and control of the State management of forests by
the administration at various levels, the inspection of the observance of law
on forests by the organizations, family households and individuals that have
been assigned forests and forest land.
g/ To settle disputes on forests and to
coordinate with the General Land Administration in the settlement of disputes
on forest land among the forest owners in different province; to reward those
organizations, family households and individuals with outstanding achievements.
h/ In special cases, to coordinate with the
Ministry of Defense and the Ministry of Public Security in guiding the
effective protection of forests and
prevention and fight against forest fires.
To direct the Forest Rangers Service under the
Ministry of Agriculture and Rural Development in sanctioning or prosecuting
lawbreaking acts causing damage to the forest resources as provided for by law.
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3. The Ministry of Defense and the Ministry of
Public Security have the responsibility to direct the grassroots units to take
measures to coordinate with the Forest Rangers Service in patrolling and
tracking down forest poachers, protecting forests, preventing and fighting
forest fires and cooperating with the Agricultural and Rural Development
Services to build and develop the forests. In particular, in deep-lying, remote
and border areas and on offshore islands, the protection and development of
forests must be linked to the protection of security and national defense.
Article 4.- Responsibility of the
People's Committees of the provinces and cities directly under the Central
Government (provincial People's Committees) in exercising State management over
forests and forest land:
1. The Presidents of the provincial People's
Committees are answerable to the Prime Minister for protecting and developing
forests and using forests and forest land in their localities.
a/ To organize the survey and classification of
forests, inventorize the acreage and reserve of each type of forest, draw maps
of forests and forest land in their localities under the guidance of the
Ministry of Agriculture and Rural Development and the General Land
Administration.
To direct the district-level People's Committees
to monitor the evolution of the forest resources (in terms of structure,
acreage and reserve), the forest land and make integrated reports to the
provincial level.
b/ To draw up the general plan and plans to
protect and develop forests, use forests and forest land in the locality and to
submit them to the provincial People 's Council for approval before submitting
them to the Government for ratification.
To guide the district-level People's Committees
to make the general plan and plans to protect and develop forests and use
forest land, to approve these general plans and plans.
To approve the overall design of forest owners
of exploiting natural forests, to issue decisions to grant permits of
exploitation after the Ministry of Agriculture and Rural Development has
evaluated the overall dossier and issued the decision to open the forests for
exploitation.
c/ To determine the protection forest areas and
the nature preserve areas, forests with cultural and historical relics, scenery
and touristic value in the localities after the written consent of the Ministry
of Agriculture and Rural Development, of the related branches and assign their
management and use to the organizations directly attached to the provincial
level People’s Committees.
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With regard to the forest acreage and forest
land in the communes which are not yet assigned to anyone for management and
use, the commune level People 's Committee shall have to manage them and work
out the plan to put them into use step by step.
e/ To organize the prevention and fight against
forest fires and prevention and fight against forest pest in the locality.
f/ To organize the forest protection network, to
mobilize forces to cooperate with the rangers service to prevent all acts of
destruction of forests in the whole province
g/ To organize according to the assigned
competence the management of protection forests and special use forests in the
province.
h/ To issue documents under its competence to
direct the district and commune level People's Committees and the
organizations, family households and individuals based in the province to
implement the legislation, policies, regimes and regulations of the State on
the management, protection, building and development of forests.
i/ To conduct inspection and control of the
implementation of legislation on forest protection and development in the
province. To sanction administrative violations in the management and
protection of forests according to provisions of law.
j/ To settle disputes on the right to use
forests and forest land according to provisions of law.
2. The provincial Agriculture and Rural
Development Service is the agency to help the provincial People's Committee
perform the responsibility of conducting State management of forests and forest
land.
3. The Rangers Service is the agency to perform
the responsibility of controlling and supervising the observance of the
legislation on the management, protection and development of forests in the
province. In special cases, it shall organize the cooperation with the armed
forces and police in the locality to patrol and track down forest poachers and
protecting the forests and prevent and fight against forest fires.
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Article 5.- Responsibility of State
management of the district-level People's Committees of exerting State
management over forests and forest land:
1. The President of the district-level People's
Committee is answerable to the President of the provincial level People's
Committee for the protection and development of forests and the use of forest
and forest land in the district.
a/ Basing himself on the general plan and plans
for forest development of the province, he shall draw up the general plan and
plans to manage protect and develop forests and use forest land in the district
and submit them to the district People's Council for approval before submitting
them to the provincial People's Committee for ratification.
He shall have to guide the drawing up and
approval of the general plan and plans for forest protection and development
and use of forests and forest land of the People's Committees of communes and
townships directly attached to the district.
b/ To monitor the evolution of the forest
resources and the changes of the forest land in the district and periodically
report to the provincial level People's Committee.
c/ To organize the allocation of forests and
forest land, the retrieval of forests and forest land, to issue and revoke
certificates of the right to use forest land with regard to persons and
organizations under the competence of the district.
d/ To organize the network of forest protection,
to mobilize the forces in the locality to coordinate with the rangers force in
preventing all acts of destruction of forest and together with the forest
owners to prevent and fight forest fires and prevent and fight forest pests.
e/ To guide the commune-level People's
Committees in monitoring and inspecting the implementation of the regulations
and contracts on land allocation, and the allocation and contracting of forests
to the organizations, family households and individuals in the district.
f/ To issue documents under its competence to
direct the implementation of the laws, policies, regimes and regulations of the
State in the management, protection and development of forests, the use of
forests and forest land in the district.
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h/ To settle disputes on the right to use forest
and forest land as prescribed by law.
2. The Agriculture and Rural Development Section
is the agency to help the district-level People's Committee to perform the
function of State management over forests.
3. The district Forest Rangers Service is the
agency tasked to control and supervise the enforcement of legislation on the
management, protection and development of forests in the district.
4. The Land Administration Section is the agency
to help the district-level People's Committee perform the function of State
management over forest land.
Article 6.- Responsibility of State
management over forests and forest land of the People 's Committee at the
communes, wards and townships directly attached to the district (commonly
called commune-level People's Committee).
The President of the commune-level People's
Committee is answerable to the President of the district-level People's
Committee in the protection and development of forests and the use of forest
land in the commune.
a/ To manage the forests and forest land in the
commune in these fields: the list of forest owner; acreage and delineration of
the forests; the contracts on forest allocation, contracts on assignment and
acceptance to protect, tend, reproduce and plant forests among organizations,
family households and individuals in the commune.
b/ To direct the hamlets in elaborating and
implementing conventions on management, protection, building and use of forests
in the commune in line with the current legislation.
c/ On the basis of the general plan and plans of
the district, to draw up the general plan and plans to protect and develop
forests, to use forests and forest land, to elaborate the plan of allocating
forests and forest land to submit to the commune People 's Council for approval
before submitting to the district People 's Committee for ratification; to
organize the allocation of the forest land to organizations, family households
and individuals under the guidance of the district People's Committee, certify
the demarcation of forests and forest land among forest owners on the terrain.
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e/ To coordinate with the rangers and the police
and armed forces in the territory to organize the force of the masses to
protect forests in the commune, detect and prevent in time violations and acts
of sabotage against forests.
f/ To educate, persuade and guide the population
to take measures to prevent and fight forest fires, to mobilize forces to help
forest owners to fight forest fires in the commune.
g/ To impose sanctions against administrative
violations in the domain of management and protection of forests according to
their competence.
h/ To reconcile the disputes on forests and
forest land in their respective locality.
Article 7.- This Decision takes effect 15
days after its signing; the previous regulations which are contrary to this
Decision are now annulled.
Article 8. - The Ministers, the Heads of
ministeria1-level agencies attached to the Government, the President of the
People's Committees of the provinces and centrally-run cities shall have to
organize the implementation of this Decision.
THE PRIME MINISTER
Phan Van Khai