Chương 1 Nghị định 117/2010/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the organization and management of the special-use forest system in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Decree applies to state agencies, domestic organizations, communities, households and individuals; overseas Vietnamese; and foreign organizations and individuals carrying out activities related to the organization and management of the special-use forest system.

Article 3. Interpretation of terms

1. Special-use forest means a forest which is established under the Law on Forest Protection and Development, has special values in terms of conservation of the nature, standard specimens of national forest ecosystems and forest gene sources; scientific research; protection of historical-cultural relics or scenic places, relaxation and tourism in combination with protection, contributing to environmental protection.

2. Special-use forest management unit means a state organization which has the functions and tasks of a forest owner and the State-assured conditions for managing, protecting and developing special-use forests; conserving and promoting their special values in terms of the nature, standard specimens of ecosystems, biodiversity, gene sources, historical-cultural relics and landscape; scientific research; and provision of forest environmental services.

3. Nature reserve means an area with forest ecosystems or also with wetland ecosystems, sea ecosystems in addition to common functions of a special-use forest, which is established mainly to sustainably conserve natural ecosystems.

4. Species/habitat conservation zone means an area with forest ecosystems or also with wetland ecosystems, sea ecosystems in addition to common functions of a special-use forest, which is established mainly to sustainably conserve endangered, rare and specious species under Vietnamese laws and international conventions to which Vietnam is a contracting party.

5. Landscape protection zone means a forest zone or has a wetland area or sea area in addition to common functions of a special-use forest, which is established to conserve high historical, cultural or natural landscape values.

6. Scientific research and experimentation forest zone means a forest zone or has a submerged land area or sea area, which is established for scientific research and experimentation, technological or training development.

7. National park means a kind of special-use forest which plays an important role to the nation. A national park has common functions of a special-use forest and possibly any of the following main functions: natural conservation and reserve; species/habitat conservation; and landscape protection.

Article 4. Classification of special-use forests

The special-use forest system consists of the following kinds:

1. National parks;

2. Nature conservation zones, including nature reserves and species/habitat conservation zones;

3. Landscape protection zones, including historical-cultural relics and scenic places;

4. Scientific research and experimentation forest zones.

Article 5. Criteria for establishing a special-use forest

The establishment of special-use forests must satisfy the criteria for each kind of special-use forest below.

1. For a nature reserve:

a/ Possessing at least 1 nationally or internationally important natural forest ecosystem which has not yet or has little been changed and which has scientific-educational or eco-tourism-convalescence special values. In special cases, for planted forests, such a reserve must ensure stable development succession and gradual regeneration of natural ecosystems;

b/ Being a natural habitat of at least 5 species endangered, rare and precious fauna and flora species prioritized for protection under law;

c/ Having an area of over 5,000 ha, at least 90% of which is covered with natural ecosystems (for planted forests, such a reserve must ensure stable development succession and gradual regeneration of natural ecosystems).

2. For a species/habitat conservation zone:

a/ Possessing at least 1 endemic or endangered, rare and precious species as provided for by law;

b/ Satisfying the living, food and reproduction conditions for sustainable conservation of endemic, endangered, rare and precious species;

c/ Having an area meeting the requirements of sustainable conservation of endemic, endangered, rare and precious species.

3. For a landscape protection zone:

a/ Having high historical-cultural values, embracing historical-cultural relics recognized by a competent state agency.

b/ Having high landscape and environmental values, embracing scenic places in need of protection and recognized by a competent state agency.

c/ Being managed and protected by a community according to practices or traditions and beliefs, which have special cultural, belief, educational or eco-tourist values recognized by a competent state agency.

4. For a scientific research and experimentation forest zone:

a/ Possessing ecosystems which meet scientific research and experimentation requirements of scientific or educational institutions engaged in forestry scientific research and experimentation under law;

b/ Having an area suitable to the long-term scientific research and experimentation, technological development and forestry training objectives and requirements.

5. A national park must satisfy at least one of the following 3 criteria:

a/ Having at least 1 typical ecosystem standard specimen of an eco-zone or of national or international significance; having an area of over 10,000 ha, at least 70% of which is covered with natural ecosystems and less than 5% of which is agricultural and inhabited land.

b/ Having at least 1 Vietnamese endemic species or being capable of conserving the habitats of over 5 endangered, rare and precious species under law; having an area of over 7,000 ha, at least 70% of which is covered with natural ecosystems and less than 5% of which is agricultural and inhabited land.

c/ Having particularly important values in national landscape protection or scientific research and experimentation approved by the Prime Minister.