Chương 3 Luật Bảo vệ và Phát triển rừng 2004: Bảo vệ rừng

Chapter III

FOREST PROTECTION

Section 1. RESPONSIBILITIES FOR FOREST PROTECTION

Article 36.- Forest protection responsibilities of the entire people

1. State agencies, organizations, village population communities, households and individuals shall have to protect forests and strictly abide by forest protection regulations under the provisions of this Law, the legislation on fire prevention and fighting, the legislation on plant protection and quarantine, the legislation on veterinary and other relevant law provisions.

2. Organizations, households and individuals operating in or by the forests shall have to observe the forest protection regulations; promptly notify competent State bodies or forest owners of forest fires, organisms harmful to forests and acts of violating the regulations on forest management and protection; and submit to human resource and means mobilization by competent State bodies in case of forest fires.

Article 37.- Forest protection responsibilities of forest owners

1. Forest owners have to protect their forests; work out and implement plans and measures to protect forest ecosystems; prevent and fight forest logging; prevent and fight the illegal hunting, catching and trapping of forest animals; prevent and fight forest fires; prevent and eliminate forests’ harmful organisms under the provisions of this Law, the land legislation, the legislation on fire prevention and fighting, the legislation on plant protection and quarantine, the legislation on veterinary and other relevant law provisions.

2. Forest owners that fail to abide by the provisions of Clause 1 of this Article, causing loss of forests assigned or leased by the State shall be held responsible therefor according to law provisions.

Article 38.- Forest protection responsibilities of the People’s Committees at all levels

1. The provincial/municipal People’s Committees shall have to:

a/ Promulgate legal documents falling within their competence on management and protection of forests in localities;

b/ Organize the forest protection and development legislation dissemination, popularization and education;

c/ Organize and direct forest fire prevention and fighting, prevention and elimination of organisms harmful to forests in localities; direct and examine the protection of special-use forests and protection forests; and organize forest exploitation according to the Government’s regulations;

d/ Direct the organization of forest protection networks, mobilize and coordinate forces to prevent all acts that cause harms to forests in localities;

dd/ Inspect and examine the observance of forest protection and development legislation in localities; and sanction administrative violations in the domain of forest management and protection according to law provisions.

2. The People’s Committees of rural districts, urban districts, provincial towns or cities shall have to:

a/ Guide and direct the implementation of the State’s laws, policies and regimes on forest management, protection and exploitation within their respective localities;

b/ Direct and organize the forest protection and development legislation dissemination, popularization and education;

c/ Direct commune/ward/township People’s Committees in applying measures for forest protection and forest-product exploitation according to law provisions;

d/ Mobilize and coordinate forces in localities in order to prevent all acts that cause harms to forests to prevent and fight forest fires and prevent organisms harmful to forests;

dd/ Inspect and examine the observance of laws, policies and regimes on forest management and protection in localities; and sanction administrative violations in the domain of forest management and protection according to law provisions.

3. The commune/ward/township People’s Committees shall have to:

a/ Guide and direct the implementation of the State’s laws, policies and regimes on forest management, protection and exploitation in their respective localities;

b/ Direct villages, hamlets and equivalent units in formulating and observing rules on forest protection and development in localities in accordance with law provisions;

c/ Coordinate with ranger, police, military forces and mass organizations in protecting forests in localities; detect and prevent in time acts that encroach upon or destroy

forests;

d/ Organize the forest protection legislation dissemination and education; guide people to apply measures on fire prevention and fighting, and mobilize fire-fighting forces in localities;

dd/ Organize forest management and protection and adopt plans to be submitted to higher-level People’s Committees for putting in use those forest areas which have not yet been assigned or leased by the State;

e/ Guide people in implementing forest protection and development plannings and plans, combining forestry-agricultural and fishery production, milpa farming, sedentarization, intensive farming, crop rotation and pasturing according to the approved forest protection and development plannings and plans;

g/ Inspect the observance of laws, policies and regimes on forest management and protection by organizations, households, individuals and rural population communities in localities; and sanction administrative violations in the domain of forest management and protection according to law provisions.

4. The presidents of lower-level People’s Committees shall be answerable to the presidents of higher-level People’s Committees and the presidents of provincial/municipal People’s Committees shall be answerable to the Prime Minister, for the occurrence of forest destruction and forest fires in their respective localities.

Article 39.- Ministries’ and ministerial-level agencies’ responsibilities for forest protection

1. The Ministry of Agriculture and Rural Development shall have to assume the prime responsibility for, and coordinate with the other ministries and ministerial-level agencies in, directing the provincial/municipal People’s Committees to ensure the compliance with forest protection regulations according to the provisions of this Law; organizing the forecasting of forest fire danger; and building a forest fire prevention and fighting specialized force.

2. The Ministry of Public Security shall have to coordinate with the Ministry of Agriculture and Rural Development in directing the provincial/municipal People’s Committees in forest fire prevention and fighting according to the provisions of forest fire prevention and fighting legislation and this Law; prevention of and fight against violations of the forest protection and development legislation.

3. The Ministry of Defense shall have to coordinate with the Ministry of Agriculture and Rural Development in directing the provincial/municipal People’s Committees to protect forests in border and island areas as well as key defense and security areas; mobilizing forces to participate in forest fire fighting, rescue and salvage; and participating in the prevention of and fight against violations of the forest protection and development legislation.

4. The Ministry of Culture and Information shall have to coordinate with the Ministry of Agriculture and Rural Development in directing the provincial/municipal People’s Committees to organize the management and protection of special-use forests related to cultural relics.

5. The Ministry of Natural Resources and Environment shall have to coordinate with the Ministry of Agriculture and Rural Development in directing the provincial/municipal People’s Committees to organize the management and protection of biodiversity and forest environment.

6. The other ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, have to coordinate with the Ministry of Agriculture and Rural Development in protecting forests.

Section 2. CONTENTS OF FOREST PROTECTION

Article 40.- Protection of forest ecosystems

1. All production and business activities or other activities that directly affect forest ecosystems as well as the growth and development of forest organisms must comply with the provisions of this Law, the environmental protection legislation, the plant protection and quarantine legislation, the veterinary legislation and other relevant law provisions.

2. All activities of building, alteration or dismantlement of works that affect forest ecosystems as well as the growth and development of forest organisms must be accompanied with the assessment of environmental impacts according to the provisions of environmental protection and commence only when they are permitted by competent State agencies.

Article 41.- Protection of forest plants and animals

1. The exploitation of forest plants must comply with the forest management regulation issued by the Prime Minister as well as forest exploitation processes and regulations promulgated by the Ministry of Agriculture and Rural Development.

2. The hunting, catching, trapping and caging of forest animals must be permitted by competent State bodies and comply with law provisions on wildlife conservation.

3. The endangered, precious and rare forest plant and animal species; and their gene sources must be managed and protected under special regimes.

The Government shall prescribe regimes for management and protection of endangered, precious and rare forest plant and animal species and lists of endangered, precious and rare forest plant and animal species.

The Ministry of Agriculture and Rural Development shall prescribe the exploitation of forest plants, hunting of forest animals, tools and means banned or restricted from use; species, minimum sizes of forest plant and animal species and seasons allowed for exploitation and hunting; and areas where forest exploitation is banned.

Article 42.- Forest fire prevention and fighting

1. In concentrated and fire-prone forests, forest owners must adopt plans on forest fire prevention and fighting; when planting new concentrated forests, they must design and build firebreak boundaries, canals, watchtowers, signboards and information systems according to law provisions on fire prevention and fighting; and submit to the guidance as well as inspection by competent State bodies.

2. In case of being permitted to build a fire in or close to forests to clear off hills or fields to prepare land for afforestation, or to build a fire before the dry season or to use flame in daily-life activities, the persons building fires must apply fire prevention and fighting measures.

3. Organizations, households and individuals that build or conduct activities on works crossing forests such as railways, roads, power transmission lines as well as eco-tourist activities and other activities in or by forests must abide by regulations on forest fire prevention and fighting; and comply with the forest fire prevention and fighting measures set by competent State bodies and forest owners.

4. In case of outbreak of forest fires, forest owners must promptly extinguish the fires and immediately report them to competent State bodies; if necessary, the People’s Committees of all levels shall have the responsibility and competence to mobilize all necessary forces and means in localities, and coordinate various forces in order to extinguish forest fires in a timely and efficient manner.

In cases where a forest fire breaks out in a vast area, threatening to cause disaster and entailing the emergency state, the forest fire fighting must comply with the law provisions on emergency.

The Government shall prescribe in detail the forest fire prevention and fighting and overcoming of forest fire consequences.

Article 43.- Prevention and elimination of organisms harmful to forests

1. The prevention and elimination of organisms harmful to forests must comply with the provisions on plant protection and quarantine legislation as well as veterinary legislation.

2. Forest owners must take measures to prevent and eliminate organisms harmful to forests; when detecting such organisms in the forest areas assigned or leased to them, they must immediately notify such to the nearest plant or animal protection and quarantine agencies for guidance and support in prevention and elimination measures.

Forest owners shall take responsibility for the spread of epidemics harmful to forests if they fail to take measures to prevent and eliminate organisms harmful to forests according to the provisions of this Law as well as the legislation on plant protection and quarantine and legislation on veterinary.

3. The agencies in charge of plant and animal protection and quarantine shall have to organize the forecasting of organisms harmful to forests; guide and support forest owners in taking measures to prevent and eliminate such organisms; organize the prevention and elimination of organisms harmful to forests in case of their potential spread.

4. The State encourages the application of bio-forestry and biological measures to the prevention and elimination of organisms harmful to forests.

Article 44.- Trading, transportation, export, import, temporary import for re-export, temporary export for re-import and transit of forest plants and animals

1. The trading and transportation of forest plants and animals as well as their products must comply with laws.

2. The export, import, temporary import for re-export, temporary export for re-import and transit of forest plants and animals and their products must comply with the provisions of Vietnamese law and international agreements which Vietnam has signed or acceded to.

3. The importation of forest plant varieties and animal breeds must comply with the provisions of the legislation on biodiversity conservation, legislation on plant protection and quarantine, legislation on veterinary, legislation on plant varieties and legislation on animal breeds.

The Government shall prescribe and promulgate the lists of forest plants and animals permitted for import; forest plants and animals banned from export or subject to conditional export.