Chương IV Luật lâm nghiệp 2017: Bảo vệ rừng

Chapter IV

FOREST PROTECTION

Article 37. Forest ecosystem protection

State authorities, organizations, households, individuals and communities directly affecting forest ecosystems or forest organism growth and development shall conform to provisions stated herein and regulations of law on environmental safety, biodiversity protection, protection and quarantine of plants and animals and other regulations of relevant law.

Article 38. Protection of forest plants and animals

1. Endangered and rare species of forest plants and animals shall be listed to be managed and protected.

2. The Government shall make the list and develop policies on management and protection of endangered and rare species of forest plants and animals; procedures for using endangered/rare/wild species of forest plants and animals provided in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

3. The Minister of Agriculture and Rural Development shall specify procedures for using timber and non-timber forest products and forest animals, apart from the provision of Clause 2 this Article.

Article 39. Forest fire safety

1. Forest owners shall make and implement fire safety plans; follow instructions given and inspections carried out by competent state authorities.

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 for other purposes, persons building fires shall impose fire safety measures.

3. Organizations, households and individuals that build or conduct activities in or close to forests shall comply with regulations on fire safety; and take fire safety measures proposed by forest owners.

4. In case of outbreak of forest fires, forest owners shall promptly put out fires and immediately report them to relevant authorities or entities; overcome fire damage and report it to competent state authorities. State authorities and relevant entities shall cooperate in extinguishing forest fires promptly.

5. In the cases where a forest fire breaks out in a vast area threatening to cause disaster that leads to an emergency, the forest fire fighting shall conform to regulations of law on emergencies.

6. Forest rangers shall take charge and cooperate with fire police in providing guidelines for forest owners to develop fire safety plans.

7. The Government shall specify this Article.

Article 40. Prevention and elimination of forest pests

1. Prevention and elimination of forest pests; feeding or grazing animals in forests shall abide by provisions stated herein and regulations of law on biodiversity, protection and quarantine of plants and animals.

2. Forest owners shall take measures to prevent and eliminate forest pests; immediately inform nearest plant or animal protection and quarantine authorities of any pests in the allocated/leased forest areas are found; impose bio-forestry or biological measures for prevention and elimination of forest pests.

3. The Ministry of Agriculture and Rural Development shall forecast epidemics; direct preventive and remedial measures for forest pests.

4. People’s Committees shall organize and direct preventive and remedial measures for forest pests in their local areas to make sure that forest pests will not spread to other areas.

Article 41. Forces responsible for protecting forests of forest owners

1. Reserve forest management units and protection forest management units of the area where forest rangers are not available; state-owned enterprises, organizations not affiliated to armed forces whose forests and forestland are allocated or leased out by the State shall be entitled to organize forces responsible for protecting forests.

2. Forces responsible for protecting forests shall:

a) Carry out patrols and inspections of protecting forests and forestland that are planned for forestry;

b) Take preventive measures for fire safety;

c) Impose preventive measures for violations against regulations on forest management, protection and development; have the rights to use combat gear in accordance with regulations of law.

3. Forest owners shall directly manage and direct activities of forces responsible for protecting forests; ensure policies for forces responsible for protecting forests.

4. The Government shall specify this Article.

Article 42. Inspection of forest products origins

1. Inspection of forest products origins include inspection of documents on forest products, inspection of forest products in the course of harvesting, transporting, processing, trading, exporting, importing, transplanting and storing forest products.

2. Inspection of forest products origins shall be carried out according to plans or on an ad hoc basis if any violation is found.

3. Forest rangers shall take charge and cooperate with Vietnamese police and army, militias, market surveillance authorities, customs and relevant organizations and authorities in taking preventive measures, conducting inspections, detecting and taking actions against violations within their competence.

4. Vietnamese police and army, militias, market surveillance authorities, customs, judicial authorities and relevant organizations and authorities shall cooperate with forest rangers carrying out their functions, tasks and power within their competence.

5. The Minister of Agriculture and Rural Development shall specify documents on legal forest products and procedures for management of forest products origins.

Article 43. Forest protection responsibilities of the entire people

1. State authorities, organizations, households, individuals and communities shall protect forests in compliance with provisions stated herein and regulations of law on fire and environmental safety, biodiversity protection, protection and quarantine of plants and animals and other regulations of relevant law.

2. Organizations, households, individuals and communities shall promptly inform competent state authorities or forest owners of forest fires, forest pests and violations against regulations on forest management and protection; comply with personnel and vehicle mobilization of competent state authorities in case of forest fires.