Chương 3 Nghị định 117/2010/NĐ-CP: Ban quản lý; hạt kiểm lâm; trung tâm cứu hộ, bảo tồn, phát triển sinh vật trong khu rừng đặc dụng; vùng đệm

Chapter III

MANAGEMENT UNITS; RANGER UNITS; AND WILDLIFE RESCUE, CONSERVATION AND DEVELOPMENT CENTERS IN SPECIAL-USE FORESTS; BUFFER ZONES

Section 1. SPECIAL-USE FOREST MANAGEMENT UNITS

Article 24. Conditions for establishing a special-use forest management unit

1. A special-use forest management unit may be established for a national park, nature reserve or species/habitat conservation zone of over 5,000 ha.

2. For a provincial-level locality with many special-use forests without a management unit which fail to satisfy the conditions specified in Clause 1 of this Article, a common management unit shall be established.

3. For a provincial-level locality with one special-use forest with an operating management unit which fails to satisfy the conditions specified in Clause 1 of this Article, this management unit may continue operation. If having no management unit, this forest shall be assigned to a ranger unit for management.

4. Management units of historical-cultural

relics and scenic places and forestry scientific and training institutions assigned by the State to manage landscape forests and scientific research and experimentation forests shall themselves manage such forests without establishing special-use forest management units.

Article 25. Establishment of a special-use forest management unit

1. A special-use forest management unit shall be established under Article 50 of the Law on Forest Protection and Development, Article 44 of the Government's Decree No. 23/2006/ND-CP, on implementation of the Law on Forest Protection and Development, and relevant state regulations.

2. For special-use forests already established under decisions of competent state agencies which embrace also sea or wetland conservation components, their management units shall continue managing such components without establishing new management units for sea or wetland conservation components.

3. Competence to establish special-use forest management units

a/ The Minister of Agriculture and Rural Development may establish management units of special-use forests under its management;

b/ Provincial-level People's Committee chairpersons may establish management units of locally managed special-use forests.

Article 26. Organizational structure of a special-use forest management unit

1. A special-use forest management unit has a director and deputy directors.

For a special-use forest with a ranger unit, the director of its management unit shall concurrently act as the head of the ranger unit.

2. Depending on the specific conditions of each special-use forest, the following units may be organized:

a/ A ranger unit;

b/ The organization-administrative division;

c/ The finance-planning division;

d/ The science and international cooperation division;

e/ The division for sea and wetland conservation, for special-use forests with sea and inland wetland conservation components;

f/ The environmental education and forest environmental service center;

g/ The rescue, conservation and development center.

3. The payroll of a special-use forest management unit complies with law.

A special-use forest management unit may employ contractual laborers under current state regulations, giving priority to local laborers. Contractual salaries shall be paid by the State under current regulations.

Article 27. Dissolution of a special-use forest management unit

1. A special-use forest management unit shall be dissolved in the following cases:

a/ The special-use forest zone is transformed under Article 15 of this Decree into a scientific research and experimentation forest zone;

b/ After being adjusted under Article 17 of this Decree, the special-use forest zone no longer satisfies the criteria specified in Article 5 of this Decree;

c/ After being wholly or partly changed for other use purposes under Article 18, the special-use forest zone no longer satisfies the criteria specified in Article 5 of this Decree.

2. Agencies which establish special-use forests defined in Article 13 of this Decree have the competence to dissolve special-use forest management units and shall settle post-dissolution matters under law.

Section 2. SPECIAL-USE FOREST RANGER UNITS

Article 28. Establishment of special-use forest ranger units

1. Ranger units shall be established for national parks, nature reserves or species/habitat conservation zones of 15,000 ha or more in area.

2. Competence to establish special-use forest ranger units

a/ The Ministry of Agriculture and Rural Development may establish ranger units for special-use forests under its management;

b/ Provincial-level People's Committees may establish ranger units for locally managed special-use forests after obtaining the written agreement of the Ministry of Agriculture and Rural Development.

3. The payroll of a special-use forest ranger unit is included in the state employee payroll assigned by a competent state agency to the special-use forest management unit under current regulations, with no more than 1 ranger officer per 500 ha of special-use forest.

4. Special-use forest ranger units established under decisions of the Ministry of Agriculture and Rural Development have their professional operations and equipment managed by the Ranger Department. Special-use forest ranger units established under decisions of provincial-level People's Committees have their professional operations and equipment managed by provincial-level Ranger Departments.

Article 29. Dissolution of special-use forest ranger units

1. The ranger unit of a special-use forest zone shall be dissolved when the management unit of such zone is dissolved.

2. Agencies which establish special-use forest ranger units defined in Clause 2, Article 28 of this Decree have the competence to dissolve special-use forest ranger units and shall settle post-dissolution matters under law.

Section 3. WILDLIFE RESCUE, CONSERVATION AND DEVELOPMENT CENTERS IN SPECIAL-USE FORESTS

Article 30. Establishment and dissolution conditions

In national parks, nature serves and species/habitat conservation zones, wildlife rescue, conservation and development centers may be located only in service-administrative sub-zones.

Rescue, conservation and development centers shall be established and dissolved under current state regulations.

Article 31. Functions and tasks

1. To receive and salvage indigenous species or species suitable to natural habitats of special-use forests or species permitted for scientific research under approved projects.

2. To conduct salvage and semi-wild rearing for releasing organisms into their natural habitats and for scientific research,

3. To research and maintain prototype varieties and breeds and supply breeds and varieties for breeding development undercurrent state regulations.

4. The Ministry of Agriculture and Rural Development shall guide and specify rescue and development research of organisms; release of rescued animals; and supply of varieties and breeds for breeding development.

Section 4. BUFFER ZONES

Article 32. Identification of buffer zones

1. A buffer zone embraces the inhabited forest and land area, submerged land and sea area adjacent to the outside boundary or within the boundary of a special-use forest zone, which functions to prevent and mitigate encroachment upon the zone through managerial and conservation measures combined with activities to improve livelihood for communities, and sustainable socio-economic development.

2. A buffer zone shall be identified simultaneously with the formulation of the special-use forest zone establishment project. The Ministry of Agriculture and Rural Development shall specify criteria for identifying a buffer zone.

3. A buffer zone's boundary must be clearly delineated on the map and in the field.

4. A buffer zone shall be planned with natural resources and land for preventing and mitigating encroachment upon the special-use forest zone and concurrently improving livelihood for communities, and sustainable socio-economic development.

Article 33. Investment projects in buffer zones

1. Investment projects in buffer zones shall be managed under the law on investment project management.

2. Special-use forest management units and organizations assigned to manage special-use forests shall formulate investment projects in buffer zones and act as their investors under law.

Article 34. Buffer zone management responsibilities

1. Provincial-level People's Committees shall direct district- and commune-level People's Committees in:

a/ Mobilizing people in buffer zones to take measures to prevent encroachment upon special-use forests;

b/ Managing and using forest resources under state current regulations and approved forest protection and development plans;

c/ Coordinating with special-use forest management units to implement investment projects in buffer zones.

2. Special-use forest management units shall:

a/ Involve communities in buffer zones in managing special-use forests and implementing investment projects in buffer zones;

b/ Coordinating with commune-level People's Committees in formulating and implementing investment projects in buffer zones.

3. Organizations, households, individuals and communities that reside or carry out activities in buffer zones have the responsibility and right to join in implementing and managing investment projects in buffer zones.