Chương 4 Luật Bảo vệ và Phát triển rừng 2004: Phát triển rừng, sử dụng rừng

Chapter IV

FOREST DEVELOPMENT AND USE

Section 1. PROTECTION FORESTS

Article 45.- Principles for protective forest development and use

1. Headwater protection forests must be built into concentrated, inter-regional and multi-layer forests.

2. Protection forests for wind, sand or tide shielding, sea encroachment prevention or environmental protection must be built into forest belts suitable to the natural conditions of each region.

3. The combination of forestry-agricultural-fishery production, landscape business, convalescence, eco-environmental tourism and forest-product as well as other forest benefit exploitation must comply with the forest management regulations.

Article 46.- Organization of management of protection forests

1. Concentrated headwater protection forests covering an area of 5,000 hectares or more or of under 5,000 hectares but having important protection function, or important coastal preventive forests must have management boards. The protective forest-management boards are non-business organizations set up by competent State bodies according to the forest management regulations.

2. Protection forests not prescribed in Clause 1 of this Article shall be assigned or leased by the State to economic organizations, armed force units, households or individuals in localities for management, protection and use.

Article 47.- Exploitation of forest products in protection forests

1. In natural protection forests, it is allowed to exploit dead or diseased trees, trees standing in the areas with a density higher than that prescribed in the forest management regulation, except for endangered, precious and rare forest plant species banned from exploitation according to the Government’s stipulations on the regime of management and protection of endangered, precious and rare plant and animal species and the lists of such plant and animal species.

2. The exploitation of non-timber forest products in natural protection forests is prescribed as follows:

a/ It is allowed to exploit bamboo shoots, assorted bamboo in protection forests when the protection requirements are met according to the forest management regulations;

b/ It is allowed to exploit non-timber forest products without affecting the protection capacity of forests, except for endangered, precious and rare forest plant and animal species banned from exploitation according to the Government’s stipulations on the regime of management and protection of endangered, precious and rare forest plant and animal species and the lists of such forest plant and animal species.

3. The exploitation of planted protection forests is prescribed as follows:

a/ It is allowed to exploit supportive trees, trim or prune forests when the planted forests have a density higher than that prescribed in the forest management regulations;

b/ It is allowed to exploit the major trees when they reach the exploitation standards by mode of selective harvest or clear-cut harvest in given forest strips or forest areas.

c/ After exploitation, forest owners must regenerate or replant forests right in the subsequent afforestation season and continue managing and protecting them.

4. The exploitation of forest products in protection forests must comply with the forest management regulation, strictly complying with the technical processes and regulations of the Ministry of Agriculture and Rural Development, ensuring the sustainable protection capacity of forests.

Article 48.- Management and use of production forests and land intermingled in protection forests

1. With regard to production forest areas intermingled in protection forests, forest owners are entitled manage and use them according to the production-forest provisions of Section 3, Chapter IV of this Law.

2. With regard to households’ and individuals’ residential land, land planted with annual crops or perennial trees, land for aquaculture or salt making, which is intermingled in protection forests not falling under the protective forest plannings, the concerned households and individuals may continue using such land for the right assigned purposes according to the provisions of land legislation.

Section 2. SPECIAL-USE FORESTS

Article 49.- Principles for development and use of special-use forests

1. The development and use of special-use forests must ensure the natural development, conserve biodiversity and landscape of such forests.

2. National gardens and nature conservation zones must be clearly defined with strictly- protected zones, ecological restoration zones, service-administration zones and buffer zones.

3. All activities in special-use forests must be permitted by forest owners and comply with the forest management regulations.

Article 50.- Organization of management of special-use forests

1. Special-use forests being national gardens or nature conservation zones must have management boards. The special-use forest management boards are non-business organizations set up by competent State bodies.

2. For special-use forests being landscape protection areas, competent State bodies shall set up management boards; in case of not setting up management boards, they shall lease forests to economic organizations for landscape business, convalescence or eco- environmental tourism under the forest cover.

3. Special-use forests being scientific research or experiment forests shall be assigned to forestry scientific research and technological development, training and vocational training organizations for direct management.

Article 51.- Exploitation of forest products in landscape protection areas and service- administrative zones of national gardens and nature conservation zones

The exploitation of forest products must comply with the forest management regulations, not badly affect the objectives of forest conservation and forest landscape protection, and comply with the following stipulations:

1. It is allowed to exploit dead or fell trees, non-timber forest plants, except for endangered, precious and rare forest plant species banned from exploitation according to the Government’s stipulations on the regime of management and protection of endangered, precious and rare forest plant and animal species and the lists of endangered, precious and rare forest plant and animal species;

2. The hunting, catching and trapping of forest animals are not allowed.

Article 52.- Scientific research, teaching and practicing activities in special-use forests

1. The special-use forest management boards are allowed to conduct scientific research activities and provide scientific research services according to the plans already approved by competent State agencies and report on the results of their activities to the superior management agencies.

2. The scientific research, teaching and practicing activities of scientific research institutions, training establishments, scientists, pupils and students in the country must comply with the following stipulations:

a/ Having plans for such activities in special-use forests, approved by their management boards;

b/ Observing the forest rules and submitting to the guidance and inspection by the special-use forest management boards; observing the provisions of legislation on science and technology, legislation on forest protection and development, legislation on biodiversity, legislation on plant varieties, legislation on animal breeds and other relevant law provisions;

c/ Notifying the results of their activities to the special-use forest management boards.

3. Scientific research activities of foreign scientific research institutions, scientists and students must comply with the following stipulations:

a/ Having plans on activities in special-use forests, approved by competent State agencies and accepted by the special-use forest management boards;

b/ Observing the provisions of Points b and c, Clause 2 of this Article.

4. The collection of specimens of forest organisms in special-use forests must comply with the forest management regulations.

Article 53.- Combined activities of landscape business, convalescence and eco- environmental tourism in special-use forests

1. The organization of landscape business-cum- convalescence and eco-environmental tourism activities in special-use forests must be effected under projects ratified by competent State agencies.

2. Activities prescribed in Clause 1 of this Article must comply with the forest management regulations, forest protection rules, tourism legislation, legislation on cultural heritage, legislation on environmental protection and other relevant law provisions.

Article 54.- Stabilization of life of population living in special-use forests and buffer zones of special-use forests

1. It is forbidden to relocate population from other areas to settle in special-use forests.

2. Special-use forest management boards must elaborate projects on population relocation and resettlement and submit them to competent State agencies for ratification so as to relocate population from strictly-protected zones of special-use forests.

3. With regard to strictly-protected zones where conditions do not permit the relocation of population, the special-use forest management boards shall assign special-use forests to organizations or individuals on the basis of short-term package contracts for forest protection.

4. For ecological restoration zones, the special-use forest management boards shall assign special-use forests to local households and individuals on the basis of package contracts for protection and development.

5. With regard to buffer zones of special-use forests, the People’s Committees of all levels shall assign or lease forests of such buffer zones to organizations, households or individuals for use according to the forest management regulations.

Section 3. PRODUCTION FORESTS

Article 55.- Principles for development and use of production forests

1. Production forests shall be assigned or leased by the State to organizations, households and/or individuals of all economic sectors, that fully meet the conditions prescribed in Clause 3, Article 24, Clauses 3 and 4, Article 25 of this Law in order to supply forest products, combine production and business along the direction of intensive forestry-agricultural-fishery farming, and combine landscape business, convalescence and eco-environmental tourism.

2. The exploitation and use of production forests must ensure the maintenance of forest area, development of forest reserves and quality and comply with the forest management regulations.

3. Forest owners must make plans to plant forests in production forest land areas where forests are not available yet, combining forestry-agricultural-fishery production; and take measures to zone off for forest tending, regeneration and enrichment and raising of the forests’ economic efficiency.

Article 56.- Natural production forests

1. The organization of management of natural production forests is prescribed as follows:

a/ Production forests being concentrated natural forests shall be assigned or leased by the State to economic organizations for production and business;

b/ Production forests being scattered natural forests other than those prescribed at Point a of this Clause shall be assigned or leased by the State to organizations, households or individuals for protection, development, production and business.

2. The conditions for production and business with natural production forests are prescribed as follows:

a/ The natural production forest owners have been recognized by competent State bodies;

b/ Forest owners being organizations must have dossiers approved by competent State bodies, which comprise investment projects and forest management, protection and production as well as business plans; the forest exploitation must comply with the forest-regulating schemes already approved by State management agencies in charge of forest protection and development;

c/ Forest owners being households or individuals must have forest management, protection and production as well as business plans worked out under the guidance of commune/ward/township People’s Committees or rangers, which must be approved by the presidents of the People’s Committees of rural districts, urban districts, provincial towns or cities;

d/ It is allowed to exploit only timber and plants of other kinds of natural production forests, except for endangered, precious and rare plant species banned from exploitation according to the Government’s stipulations on the regime of management and protection of endangered, precious and rare forest plant and animal species and the lists of such forest plant and animal species.

3. The procedures for exploitation of timber and plants of other kinds of natural production forests are prescribed as follows:

a/ Forest-exploiting organizations must have exploitation design dossiers suitable to the forest-regulating schemes or forest production and business plans or schemes, approved by the provincial/municipal People’s Committee presidents;

b/ Forest-exploiting households and individuals must file applications and report to the commune People’s Committees for sum-up reports to the People’s Committees of rural districts, urban districts, provincial towns or cities for approval.

4. The exploitation of forests must comply with the forest management regulations as well as technical processes and rules on forest protection and development; after exploitation, the organization of forest protection, nurturing and enrichment till the subsequent exploitation period is required.

Article 57.- Planted production forests

1. Owners of planted production forests must work out plans to nurture, tend, plant and protect such forests, combining forestry-agriculture-forestry, landscape business, convalescence and eco-environmental tourism therein in accordance with the forest protection and development planning of each region and with the forest management regulations.

2. The exploitation of planted forests shall comply with the following stipulations:

a/ In cases where forest owners invest their own money in planting, tending, nurturing and protecting forests, they shall be entitled to decide on the exploitation of planted forests by themselves. Products exploited from planted forests by forest owners may be freely circulated on the market. If planted forest trees are precious and rare timber trees, the exploitation thereof must comply with the Government’s regulations;

b/ In cases where forests are planted with the State budget capital, forest owners must compile exploitation dossiers and submit them to agencies competent to ratify capital sources for decision. Products exploited from planted forests by forest owners may be freely circulated on the market. If planted forest trees are precious and rare timber trees, the exploitation thereof must comply with the Government’s regulations;

c/ Forests must be replanted right after exploitation or natural regrowth measures must be applied in the exploitation process.

Article 58.- Seeding forests

The Ministry of Agriculture and Rural Development and the provincial/municipal specialized forestry agencies shall have to plan and direct the formation of a system of national and regional seeding forests in order to select, crossbreed, multiply and import necessary varieties, ensuring the supply of quality varieties for afforestation. The selection and recognition of seeding forests as well as the production and trading of forest saplings must comply with the law provisions on plant varieties.