Chương 2 Nghị định 117/2010/NĐ-CP: Quản lý hệ thống rừng đặc dụng

Chapter II

MANAGEMENT OF SPECIAL-USE FORESTS

Section 1. PLANNING ON SPECIAL-USE FORESTS

Article 6. Scope of planning

Planning on special-use forests covers the national master plan on the special-use forest system; plans on special-use forests in provinces and centrally ran cities (below referred to as provincial-level plans); and plans on special-use forest zones.

Article 7. National master plan on the special-use forest system

1. Grounds for the master plan

a/ The master plan on socio-economic, defense and security development;

b/ The national land-use master plan approved by the National Assembly;

c/ The forest protection and development master plan.

2. Contents of the master plan

a/ Evaluating natural, economic, social, defense and security conditions, ecosystems, biodiversity, gene sources, historical-cultural relics, landscapes, etc.;

b/ Viewpoints, overall and specific objectives in the organization, management, conservation and sustainable use of the special-use forest system;

c/ Listing special-use forest zones; identifying kinds of special-use forest; size (area, boundary, location, etc.) of each special-use forest zone;

d/ Decentralizing management of special-use forest zones;

e/ Identifying programs, projects and solutions for achieving the objectives of organization, management, conservation and sustainable use of the special-use forest system.

3. Formulation and appraisal of the master plan

a/ The Forestry Directorate shall formulate the national master plan on the special-use forest system;

b/ The Ministry of Agriculture and Rural Development shall appraise the national master plan on the special-use forest system and submit it to the Prime Minister for approval;

c/ A dossier of the master plan to be submitted for appraisal comprises;

The Forestry Directorate's written request for appraisal of the master plan;

A report on the national master plan on the special-use forest system;

Written opinions of concerned provincial-level People's Committees, ministries and sectors;

Other relevant documents.

d/ A dossier of the master plan to be submitted for approval comprises:

The Agriculture and Rural Development Ministry's written request for the Prime Minister's approval of the master plan;

A written appraisal of the master plan;

Other documents specified at Point c of this Clause.

4. Publicization of the master plan

a/ After being approved by the Prime Minister, the national master plan on the special-use forest system must be publicized under law;

b/ The Ministry of Agriculture and Rural Development shall publicize on its website the national master plan on the special-use forest system.

5. Adjustment of the master plan

a/ The national master plan on the special-use forest system may be adjusted when the socio-economic development, defense and security master plan has been adjusted;

b/ The Prime Minister shall adjust the national master plan on the special-use forest system at the proposal of the Ministry of Agriculture and Rural Development.

Article 8. Provincial-level plans on special-use forests

1. Grounds for a plan

a/ The local master plan on socio-economic, defense and security development;

b/ The provincial-level forest protection and development plan;

c/ The national master plan on the special-use forest system.

2. Contents of a plan

a/ Evaluating natural, economic, social, defense and security conditions, ecosystems, biodiversity, gene sources, historical-cultural relics, landscapes, etc.;

b/ Viewpoints, overall and specific objectives in the organization, management, conservation and sustainable use of special-use forests;

c/ Listing special-use forest zones; identifying kinds of special-use forest; size (area, boundary, location, etc.) of each special-use forest zone;

d/ Organizing the management of special-use forest zones;

e/ Identifying programs, projects and solutions for achieving the objectives of organization, management, conservation, and sustainable use of special-use forest zones.

3. Formulation and appraisal of plans

a/ Provincial-level Agriculture and Rural Development Departments shall formulate plans on special-use forest zones in their localities;

b/ Provincial-level People's Committees shall appraise plans on special-use forest zones in their localities; and approve these plans after obtaining the written agreement of the Ministry of Agriculture and Rural Development;

c/ A dossier of a plan to be submitted for appraisal comprises:

A provincial-level Agriculture and Rural Development Department's written request for appraisal of the plan;

A report on the plan.

Other relevant documents.

d/ A dossier of a plan to be submitted for approval comprises:

A provincial-level Agriculture and Rural Development Department's written request for a provincial-level People's Committee's approval of the plan;

A written appraisal of the plan;

Other documents specified at Point c of this Clause.

4. Publicization of plans

a/ After being approved, provincial-level plans on special-use forests must be publicized under law;

b/ Provincial-level People's Committees shall publicize on their websites provincial-level plans on special-use forests.

5. Adjustment of plans

a/ Provincial-level plans on special-use forests may be adjusted when the grounds specified in Clause 1 of this Article have been adjusted;

b/ Provincial-level People's Committee chairpersons shall adjust plans on special-use forests in their localities after obtaining the written agreement ofthe Ministry of Agriculture and Rural Development.

Article 9. Plans on special-use forest zones

1. Grounds for a plan: A special-use forest zone plan must conform to the national master plan on the special-use forest system and a provincial-level plan on special-use forests.

2. Contents of a plan

A special-use forest zone plan must contain the following principal details:

a/ Evaluating natural, economic, social, defense and security conditions, ecosystems, biodiversity, gene sources, historical-cultural relics, landscapes, etc.;

b/ Viewpoints, and objectives of the zone's organization, management, conservation and sustainable use;

c/ Space of functional sub-zones: strictly protected sub-zone; ecological restoration sub-zone; and service-administrative sub-zone;

d/ Measures to protect forests, conserve and restore ecosystems and conserve biodiversity; protect and embellish natural landscapes as well as cultural, historical and environmental values;

e/ Scientific research tasks;

f/ Development of infrastructure for managing and protecting forests and preventing and fighting forest fires; roads for transport and patrol, etc.;

g/ Eco-tourism development;

h/ Buffer zone investment and development.

3. Formulation, approval and implementation of plans

a/ Special-use forest management units shall formulate their plans on special-use forest zones and submit them to competent state agencies for approval;

b/ The Ministry of Agriculture and Rural Development shall approve plans on centrally managed special-use forest zones.

Provincial-level People's Committee chairpersons shall approve plans on locally managed special-use forest zones after obtaining the written agreement of the Ministry of Agriculture and Rural Development.

c/ Special-use forest management units shall organize the implementation of plans on special-use forest zones after they are approved.

4. Publicization of plans

Special-use forest management units shall publicize plans on special-use forest zones at their head offices and disseminate them to local communities.

5. Adjustment of plans

a/ Plans on special-use forest zones may be adjusted when the grounds specified in Clause 1 of this Article have been adjusted;

b/ Competent state agencies which approve plans on special-use forest zones have the competence to adjust such plans.

Section 2. ESTABLISHMENT OF SPECIAL-USE FOREST ZONES

Article 10. Principles of establishment of special-use forest zones

1. Having a scheme to establish a special-use forest zone in conformity with the approved master plan on special-use forests.

2. Satisfying the criteria for each kind of special-use forest specified in Article 5 of this Decree.

Article 11. Contents of a scheme to establish a special-use forest zone

1. Evaluating natural conditions, the actual state of forests and natural ecosystems; biodiversity values, gene sources, historical, cultural, landscape, scientific, experimental, educational and environmental values, and provision of forest environmental services.

2. Evaluating the management and use of forests, land and water surface in the project area.

3. Evaluating the actual state of population, economic and social conditions.

4. Identifying whether such establishment's objectives meet the criteria for establishing a special-use forest zone provided in this Decree.

5. Identifying the zone's boundary and area on the map.

6. Programs, activities, solutions, and management of the zone.

7. Estimating investment capital and determining investment phasing for the zone construction; regular funds for protection and conservation activities and improvement of people's life; and investment effectiveness.

8. Organizing the implementation of projects.

Article 12. Order of formulating a scheme to establish a special-use forest system

1. The Ministry of Agriculture and Rural Development shall draft a scheme to establish special-use forests nationwide; and consult concerned ministries, ministerial-level agencies, provincial-level People's Committees, organizations and individuals,

2. Consulted ministries, ministerial-level agencies, provincial-level People's Committees and organizations shall, within 30 (thirty) working days after receiving a draft scheme, send their written opinions to the Ministry of Agriculture and Rural Development.

3. The Ministry of Agriculture and Rural Development shall receive, summarize and respond to opinions of ministries, ministerial-level agencies and provincial-level People's Committees.

4. A dossier of, and competence to approve, a scheme to establish a special-use forest system

a/ A dossier comprises:

A report on the zone establishment, submitted to the Prime Minister;

An official report and a brief report on the scheme;

A map of the national special-use forest system;

Other relevant documents.

b/ The Prime Minister shall establish the national special-use forest system.

Section 3. ESTABLISHMENT, COMPETENCE AND RESPONSIBILITIES FOR MANAGEMENT OF SPECIAL-USE FOREST ZONES

Article 13. Decision to establish a special- use forest zone

1. Competence to decide to establish a special-use forest zone

a/ The Prime Minister may decide to establish special-use forest zones which are national parks and special-use forest zones located in many provinces;

b/ Provincial-level People's Committee chairpersons shall decide to establish other special-use forest zones, and scientific research and experimentation forest zones after obtaining the written agreement of the Ministry of Agriculture and Rural Development.

2. Details of a decision to establish a special-use forest zone

a/ Name of the zone;

b/ Geographical location, boundary and area of the zone; functional sub-zones and the buffer zone (for national parks, nature reserves and species/habitat conservation zones), shown on the 2000 map of Vietnam;

c/ Objectives of the zone;

d/ Programs of activities, solutions, and management of the zone;

e/ Estimated investment capital; capital sources; and list of priority projects;

f/ Organization of implementation.

Article 14. State management of special-use forests

1. The Ministry of Agriculture and Rural Development shall take responsibility before the Government for performing the .state-management of special-use forests nationwide; and directly manage special-use forest zones located in many provinces and centrally run cities, and scientific research and experimentation forest zones.

2. Provincial-level People's Committees shall perform the state management of local special-use forests; directly manage national parks; and decentralize the management of nature reserves, species/habitat conservation, zones and landscape protection zones.

Section 4. TRANSFORMATION, ADJUSTMENT AND CHANGE OF USE PURPOSES OF SPECIAL-USE FORESTS

Article 15. Transformation of special-use forest zones

1. A project must be formulated for the transformation of a special-use forest zone which satisfies the criteria for establishing a new special-use forest zone provided in this Decree.

2. Contents, formulation and appraisal of a project after transformation; and competence to establish a special-use forest zone comply with this Decree.

Article 16. Grounds for adjustment and change of use purposes of a special-use forest

1. The approved national master plan on the special-use forest system.

2. Requirements of defense and security and other tasks under the Prime Minister's decision.

Article 17. Adjustment of a special-use forest zone

1. Adjustment of a special-use forest zone covers changes in boundary, area and functional sub-zones of the zone.

2. A dossier of request for adjustment of a special-use forest zone comprises:

a/ A document serving as a ground for such adjustment as specified in Article 16 of this Decree;

b/ The zone management unit's written request;

c/ A project on such adjustment;

d/ Other relevant documents.

3. Competent agencies which establish special-use forest zones defined in Clause 1, Article 13 of this Decree have the competence to adjust such zones.

Article 18. Change of use purposes of a special-use forest

1. The change of use purposes from special-use forests to protection or production forests must conform to the approved national master plan on forest protection and development and national master plan on the special-use forest system.

2. The change of use purposes from special-use forests to purposes other than forestry ones complies with the laws on land and forest protection and development, and the approved national master plan on forest protection and development and national master plan on the special-use forest system.

3. A dossier of request for change of use purposes of a special-use forest zone established under the Prime Minister's decision comprises:

a/ A document serving as a ground for change of use purposes of the whole or part of the zone, as specified in Article 16 of this Decree;

b/ The zone management unit's written request;

c/ A decision approving the environmental impact assessment report as provided for by law;

d/ A written request of the provincial-level People's Committee of the locality in which exists the zone;

e/ The Agriculture and Rural Development Ministry's written request;

f/ Other relevant documents.

4. A dossier of request for change of use purposes of a special-use forest zone established under a provincial-level People's Committee's decision comprises:

a/ A legal document serving as a ground for change of use purposes of the whole or part of the zone, as specified in Article 16 of this Decree;

b/ The zone management unit's written request;

c/ A decision approving the environmental impact assessment report as provided for by law;

d/ The provincial-level Agriculture and Rural Development Department's written request;

e/ The Agriculture and Rural Development Ministry's written agreement;

f/ Other relevant documents.

5. Appraisal of dossiers of request for change of use purposes of special-use forests

a/ The Ministry of Agriculture and Rural Development shall appraise dossiers of request for change of use purposes of special-use forests established under the Prime Minister's decisions;

b/ Provincial-level Agriculture and Rural Development Departments shall appraise dossiers of request for change of use purposes of special-use forests established under decisions of provincial-level People's Committees.

6. Competence to decide to change use purposes of special-use forests

a/ The Prime Minister may decide to change use purposes of special-use forests established under his/her decisions.

b/ Provincial-level People's Committee chairpersons may decide to change use purposes of other special-use forests.

Section 5: RESTORATION OF NATURAL ECOSYSTEMS, SCIENTIFIC RESEARCH IN SPECIAL-USE FORESTS

Article 19. Restoration of natural ecosystems

1. For natural parks, nature reserves and species/habitat conservation zones

a/ In strictly protected sub-zones, only protection and conservation measures may be taken to maintain natural succession;

b/ In ecological restoration sub-zones, to prioritize the application of measures to protect and conserve natural succession, combine natural regeneration with plantation of indigenous plants, and other silvicultural measures;

c/ In service-administrative sub-zones, silvicultural measures may be taken to improve the quality and aesthetic values of forests.

2. For landscape protection zones and scientific research and experimentation forest zones, forestation, forest rehabilitation and other silvicultural measures may be taken under approved schemes, projects and designs.

Article 20. Scientific research, teaching and practice

1. Special-use forest management units shall organize scientific research activities and provide scientific research services under approved programs, schemes or projects.

2. Scientific research institutions, training institutions, scientists, pupils and students who conduct scientific research, teaching or practice in special-use forests shall:

a/ Work out plans on scientific research, teaching or practice in special-use forest zones as approved by management units of such zones;

b/ Strictly abide by laws, management regulations and instructions of special-use forest management units;

c/ At least 2 weeks after each drive of scientific research, teaching or field trip in special-use forests, report on such scientific research, teaching or field trip; and at least 2 months after disclosing scientific research results, report such results to special-use forest management units;

d/ For foreign scientific research institutions, training institutions, scientists, pupils and students, scientific research programs, projects and schemes, teaching and practice in special-use forests must be approved in wilting by the Forestry Directorate and comply with current state regulations applicable to foreigners operating in Vietnam;

c/ Collect specimens and gene sources of species only in quantities stated in approved scientific research programs, projects or schemes. The Forestry Directorate's written approval is required for foreign scientific research institutions, training institutions, scientists, pupils and students. Specimens and gene sources shall be transported, stored and publicized under state regulations and guidance and supervision of special-use forest management units;

f/ Pay service charges to special-use forest management units.

Section 6. SUSTAINABLE USE OF FOREST RESOURCES, SERVICE ACTIVITIES IN SPECIAL-USE FORESTS

Article 21. Sustainable use of forest resources

Exploitation and use of natural resources in special-use forests must ensure the functions of conservation, maintenance and development of biodiversity of forests, as well as habitats of endemic, rare and precious forest fauna and flora species; forest fauna and flora species of high scientific and educational values; conservation of the nature, biodiversity and landscape, cultural, historical and environmental values. Procedures and technical measures for exploiting and using natural resources in special-use forests must comply with the Prime Minister's forest management regulations and the Ministry of Agriculture and Rural Development's guidance,

1. For natural parks, nature reserves and species/habitat conservation zones, the following activities are permitted:

a/ Exploiting and clearing out dead timber trees, broken and felled trees and forest flora in service-administrative sub-zones under state regulations; and conducting salvage exploitation of timber, firewood and forest flora within the areas cleared for building works under approved projects.

b/ Exploiting and sustainably using non-timber flora species which are outside the list of endangered, rare and precious species in ecological restoration sub-zones and service-administrative sub-zones under schemes approved by competent state agencies defined in Article 14 of this Decree and under law;

c/ Collecting specimens and gene sources under Point e, Clause 2, Article 20 of this Decree.

2. For landscape protection forest zones, the following acts are permitted:

a/ Conducting salvage exploitation of timber, firewood and forest flora while taking silvicultural measures to conserve, embellish and restore ecosystems and landscape, cultural and historical values and within the areas cleared for building works under approved projects;

b/ Exploiting and sustainably using flora species outside the list of endangered, rare and precious species under schemes approved by competent state agencies defined in Article 14 of this Decree and under law;

c/ Collecting specimens and gene sources under Point e, Clause 2, Article 20 of this Decree.

3. For scientific research and experimentation forests, the following acts are permitted:

a/ Exploiting forest products under approved scientific research programs, projects or schemes;

b/ Conducting salvage exploitation of timber, firewood and forest flora while adjusting forest components, tending forests and taking other technical measures under approved scientific research programs, projects or schemes and within the areas cleared for building works under approved projects;

c/ Exploiting and sustainably using flora and fauna species and microorganisms for scientific research under scientific research programs, projects or schemes approved by competent state agencies defined in Article 14 of this Decree;

d/ Collecting specimens and gene sources under Point e, Clause 2, Article 20 of this Decree.

Article 22. Forest environmental services

Special-use forest management units in the capacity as forest owners may implement policies on payment for forest environmental services and provide such services as protecting soil, reducing erosion, regulating and maintaining water sources, retaining and sequestrating carbon, reducing green house gas emissions, protecting natural landscapes and biodiversity, creating breeding grounds, feed sources and breeds, and using water sources and forests for aquaculture under the Government's Decree No. 99/2010/ND-CP of September 24, 2010, on the policy on payment for environmental services and scientific, technological and biodiversity research and application services to users under current state regulations.

Article 23. Eco-tourist activities

1. Eco-tourist activities must be organized when plans on special-use forests and eco-tourism schemes are approved by competent state agencies defined in Article 14 of this Decree.

2. Eco-tourist activities must comply with the laws on forest protection and development, environmental protection, tourism, and cultural heritage, and regulations on special-use forest management.

3. Mode of organizing eco-tourist activities for commercial purposes:

a/ Special-use forest management units may themselves organize eco-tourist activities for commercial purposes;

b/ Special-use forest management units may lease part of forests or forest land to organizations and individuals for the commercial provision of eco-tourist services in combination with forest protection and development and nature conservation under approved plans and current regulations;

c/ Special-use forest management units may coordinate with other organizations and individuals in organizing eco-tourist activities for commercial purposes.

4. Requirements on an eco-tourist project

a/ Causing no adverse impacts on the conservation of natural ecosystems, biodiversity, landscapes, the environment and other functions of a forest zone; complying with the zone's approved plan.

b/ In a strictly protected sub-zone, only trails, cable cars, underground roads, viewpoint posts and signposts may be built for eco-tourism.

c/ In an ecological restoration sub-zone, only appropriate roads up to mountainous grade IV may be built; viewpoint posts, signposts, cable cars, underground roads and other works may also be built in compliance with the zone's plan.

d/ In a service-administrative sub-zone, landscape protection zone or scientific research and experimentation forest zone, management, scientific research and eco-tourism works may be built in compliance with the zone's plan.

The Ministry of Agriculture and Rural Development shall guide in detail the sizes of, and areas for building, eco-tourism works in special-use forests.