Chương XI Luật lâm nghiệp 2017: Quản lý nhà nước về lâm nghiệp và kiểm lâm

Chapter XI

STATE MANAGEMENT OF FORESTRY AND FOREST RANGERS

Section 1. STATE MANAGEMENT OF FORESTRY

Article 100. Rules for organizing state management system of forestry management

1. The state management system of forestry shall be organized systematically and suitable for requirements for performing state management tasks of forestry.

2. Forestry authorities shall be organized in both central and provincial levels; forestry management tasks in districts shall be organized according to the Government’s regulations.

3. Tasks and power shall be clearly assigned and not be overlapped with management function; and shall ensure publicity and transparency.

Article 101. State management responsibilities for forestry of Government, ministries and ministerial authorities

1. The Government shall ensure consistency of state management of forestry throughout the country.

2. The Ministry of Agriculture and Rural Development shall act as the focal point to assist the Government in state management of forestry and:

a) issue within their power or request competent state authorities to issue and implement strategies, planning, plans, policies or legislative documents on forestry;

b) develop national standards and issue national technical regulations or economic – technical norms for forestry;

c) direct, instruct and inspect implementation of forest management regulations, policies on management and protection of species of endangered/rare forest plants and animals;

d) request the Prime Minister to establish protection forests or reserve forests that are of national or inter-provincial importance;

dd) direct professional skills and qualifications of forest rangers consistently;

e) take charge and cooperate with ministries and ministerial authorities relevant to forest management and protection; protection of forest ecosystems and biodiversity;

g) instruct and inspect forest investigation or stocktaking, keep track of forest development and prepare documents on forest management; develop and manage forest database;

h) ensure fire safety; prevent and eliminate forest pests;

i) develop systems of national seedling forests and national botanical gardens;

k) manage payment for forest environmental service charges;

l) manage issuance of certificates of sustainable forest management and forest valuation;

m) manage forest products processing and trade in accordance with regulations of law;

n) conduct scientific research and apply high, state-of-the-art and new technology in forestry; provide training and refresher courses for forest personnel;

o) provide information and raise people's awareness of forestry; disseminate and educate law on forestry;

p) act as a focal point of international cooperation in forestry;

q) carry out inspection, take actions against violations and settle complaints related to forestry.

3. The Ministry of National Defense, Ministry of Public Security, Ministry of Natural Resources and Environment, ministries and ministerial authorities shall cooperate with the Ministry of Agriculture and Rural Development in carrying out state management of forestry within their competence.

Article 102. State management responsibilities for forestry of People’s Committees

1. Responsibilities of People’s Committees of provinces:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry, make decisions on sustainable forestry development programs or projects in their provinces;

b) Implement legislative documents on forestry, forestry development strategy, national forestry planning, forestry development programs/projects/plans in their provinces;

c) Classify forests and demarcate types of forests within their competence;

d) Allocate, lease out, repurpose or appropriate forests of organizations; organize replacement afforestation;

dd) Pursue investigation, do forest stocktaking and inspect forest development;

e) Update forest database and prepare documents on forest management;

g) Protect forests; conserve forest biodiversity; forest fire safety; prevent and eliminate forest pests; develop and use forests; forest products processing on the market;

h) Decide forest price brackets for their provinces;

i) Conduct research and apply advanced science technology to forestry in their provinces;

k) Disseminate and educate law on forestry in their provinces;

l) Mobilize forces, materials, vehicles and equipment of organizations, households and individuals in their provinces to respond to forest fire emergencies within their competence;

m) Carry out inspections and take actions against violations; settle complaints related to forestry.

2. Responsibilities of People’s Committees of districts:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry, make decisions on sustainable forestry development programs or projects in their districts;

b) Implement legislative documents on forestry and sustainable forestry development programs or projects;

c) Classify forests and demarcate types of forests;

d) Allocate, lease out, repurpose or appropriate forest of households, individuals and communities; prepare documents on forest management; organize replacement afforestation;

dd) Pursue investigation, do forest stocktaking and inspect forest development;

e) Manage and protect forests, conserve forest biodiversity and ensure forest fires safety;

g) Disseminate and educate law on forestry;

h) Direct People’s Committees of communes to conceive projects on land/forest allocation for forest area that has not been allocated or leased out;

i) Carry out inspections and take actions against violations; settle complaints related to forestry in their districts.

3. Responsibilities of People’s Committees of communes:

a) Issue within their power or request competent state authorities to issue legislative documents on forestry; make decisions on sustainable forestry development programs or projects, combined forestry-agricultural-fishery production, shifting cultivation and apply to their communes;

b) Manage forest area and boundaries; verify applications for land allocation/lease submitted by organizations, households, individuals and communities;

c) Manage and protect forest area that the State has not allocated or leased out;

d) Do forest stocktaking in their communes;

dd) Instruct communities to develop and comply with local community rules on forest protection and development in their communes in compliance with regulations of law;

e) Carry out fire safety activities; respond to violations against regulations of forestry; take actions against violations, settle complaints related to forestry in their communes.

4. Chairpersons of People’s Committees shall take responsibilities for any forest fires, deforestation or forest loss caused by violations against regulations of law on forest management or protection under their management.

Section 2. FOREST RANGERS

Article 103. Functions of forest rangers

Forest rangers are organizations that are responsible for managing and protecting forests and ensuring compliance with regulations of law on forestry; and play a role as forces specialized in fire safety.

Article 104. Responsibilities and rights of forest rangers

1. Responsibilities of forest rangers:

a) Develop programs or plans for forest protection, response to violations against regulations of law on forestry and fire safety;

b) Protect reserve forests and protection forests; cooperate with relevant authorities in protecting public forests that have not been allocated or leased out;

c) Warn or forecast risks of forest fires; organize forest fire safety forces and inspect annual forest development;

d) Take preventive measures, inspect, supervise and take actions against violations against regulations of law on forest protection and use and forest products transport, trade, storage and processing.

dd) Instruct forest owners to make and implement forest fire safety plans; provide refresher courses in forest protection and forest fire safety for forest owners;

e) Disseminate and raise people's awareness of forest protection and development; organize the public to protect their local forests;

g) Perform other tasks assigned by competent state authorities.

2. Rights of forest rangers:

a) Request relevant authorities or entities to provide information or documents serving their duties performance;

b) Impose penalties for administrative violations and take preventive measures therefor; file an appeal or investigate violations against regulations of law on forest;

c) Use dedicated instruments or equipment, weapons, combat gear and uniforms in compliance with regulations of law.

3. The Government shall specify this Article.

Article 105. Organization of forest rangers

1. Forest rangers shall be organized in central and provincial levels.

2. Forest rangers shall be organized in district level on the basis of requirements and tasks of forest management and protection in order to ensure compliance with regulations of law on forestry, forest fire safety, forest development or use, forest products processing and trade in their districts.

3. Forest rangers working for national parks, natural reserves, species - habitat reserves, watershed protection forests, wind/sand shielding protection forests, protection forests for tide shielding or sea encroachment prevention under central or provincial forest rangers shall be organized on the basis of requirements and tasks of forest management and protection.

4. The Government shall specify this Article.

Article 106. Equipment ensuring operation and policies for forest rangers

1. Equipment ensuring operation of forest rangers shall be as follows:

a) Forest rangers shall be provided with weapons, combat gear, technical professional equipment dedicated equipment for patrolling and protecting forests and ensuring forest fire safety;

b) Forest rangers shall be provided with consistent uniforms, badges, grades, flags and certificates of forest ranger.

2. Policies for forest rangers:

a) Forest rangers shall be entitled to receive salary based on grades; seniority allowance, preferential allowance and other allowance regulated by law;

b) Forest rangers that have been injured or sacrificed in the performance of their duties shall be recognized and enjoy policies same as those for war invalids and martyrs in accordance with regulations of law on incentives to people with meritorious services to the revolution.

3. The Government shall specify this Article.