Chương 6 Luật Bảo vệ và Phát triển rừng 2004: Kiểm lâm

Chapter VI

FOREST RANGERS

Article 79.- Functions of forest rangers

Forest rangers constitute a specialized force of the State, that has the functions of protecting forests, assisting the Minister of Agriculture and Rural Development and the presidents of the People’s Committees of all levels in exercising the State management over forests, ensuring the observance of forest protection and development legislation.

Article 80.- Tasks of forest rangers

1. To work out forest protection programs and plans, schemes on prevention and combat of acts of violating the legislation on forest protection and development, and on forest fire prevention and fighting.

2. To guide forest owners in elaborating and implementing forest protection schemes; to foster forest protection skills for forest owners;

3. To inspect and control the forest protection, exploitation and use as well as the circulation, transportation and trading of forest products; to prevent and fight acts of violating the legislation on forest protection and development.

4. To conduct propaganda among, and mobilize, people to protect and develop forests; to coordinate with commune/ward/township People’s Committees in building and professionally fostering mass forces to protect forests.

5. To organize the forecasting of forest fire dangers and organize a forest fire prevention and fighting specialized force.

6. To protect the forest owners’ legitimate rights and interests when such rights or interests are infringed upon by others.

7. To organize the protection of key special-use forests and protection forests.

8. To join international cooperation in the domain of forest protection and control of the trading of forest plants and animals.

Article 81.- Powers and responsibilities of forest rangers

1. While performing their duties, forest rangers shall have the following powers:

a/ To request concerned organizations, households and individuals to provide necessary information and documents for inspection and investigation; to conduct site inspection and gather evidences according to law provisions;

b/ To sanction administrative violations and apply measures to prevent acts of administrative violation, to take legal action against, and conduct criminal investigation of, acts of violating the legislation on forest protection and development according to the provisions of the legislation on handling of administrative violations, the criminal legislation and criminal procedure legislation;

c/ To use weapons and supportive instruments according to law provisions.

2. Forest rangers who fail to fulfill their assigned tasks and powers, letting forest destruction or forest fires occur shall have to bear responsibilities under law provisions.

Article 82.- Organization, equipment, regimes and policies for forest rangers

1. The forest ranger force shall be organized in a unified system, consisting of:

a/ The central forest rangers;

b/ The provincial/municipal forest rangers;

c/ The forest rangers of rural districts, urban districts, provincial towns and cities.

2. The Government shall specify:

a/ The tasks, powers, responsibilities, organizational system, operation mechanism and coordination mechanism between forest rangers of all levels and relevant agencies in localities;

b/ Criteria and positions of forest rangers;

c/ Forest ranger uniforms, badges, stripes, pennants and certificates; equipment of weapons, supportive instruments and specialized means for forest rangers;

d/ Wages, occupational preferential treatment allowances, war invalids, martyrs and other treatment regimes for rangers.

Article 83.- Direction and administration of forest rangers

1. The Minister of Agriculture and Rural Development shall have the following tasks and powers:

a/ To uniformly direct the professional activities of forest rangers;

b/ To supervise and direct the inspection of forest rangers’ activities;

c/ To direct and organize the equipment of weapons, supportive instruments, specialized means, uniforms, badges, insignias, pennants for forest rangers at all levels under law provisions;

d/ To assume the prime responsibility for, and coordinate with the ministries and ministerial-level agencies in submitting to the Government for promulgation regimes and policies for forest rangers and their payroll quotas;

dd/ To mobilize and transfer forest rangers when necessary;

e/ To organize the training and fostering of a contingent of public employee-forest rangers.

2. The presidents of the provincial/municipal People’s Committees shall have the following tasks and powers:

a/ To direct and inspect activities of forest rangers in their respective localities;

b/ To direct the coordination of activities between forest rangers and relevant agencies

in their respective localities;

c/ To manage forest rangers in their respective localities; ensure operation funding for forest rangers according to law provisions.

3. The presidents of the People’s Committees of rural districts, urban districts, provincial towns and cities shall have the following tasks and powers:

a/ To direct and inspect operations of forest rangers in their respective localities;

b/ To direct the coordination of activities between forest rangers and relevant agencies in their respective localities.