Decision No. 08/2001/QD-TTg dated January 11, 2001 of the Prime Minister issuing the regulation on management of special-use forests, protection forests and production forests, which are natural forests
THE PRIME MINISTER OF GOVERNMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, January 11, 2001
ISSUING THE REGULATION ON MANAGEMENT OF SPECIAL-USE FORESTS, PROTECTION FORESTS AND PRODUCTION FORESTS, WHICH ARE NATURAL FORESTS
THE PRIME MINISTER
Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the August 12, 1991 Law on Forest Protection and Development;
Pursuant to the July 14, 1993 Land Law, the December 2, 1998 Law Amending and Supplementing a Number of Articles of the Land Law;
Pursuant to the August 19, 1993 Law on Environment Protection;
Pursuant to Decree No. 17/HDBT of January 17, 1992 of the Council of Ministers (now the Government) on the implementation of the Law on Forest Protection and Development;
Pursuant to the Prime Minister’s Decision No. 245/1998/QD-TTg of December 21, 1998 on the discharge of the responsibility of all levels for the State management over forests and forestry land;
At the proposal of the Minister of Agriculture and Rural Development (in Report No. 1047/BNN-PTLN of March 24, 1999),
Article 1.- To issue together with this Decision the Regulation on management of special-use forests, protection forests and production forests, which are natural forests.
Article 2.- This Decision takes effect 15 days after its signing.
All previous provisions contrary to this Regulation are now annulled.
Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provinces and centrally-run cities shall have to implement this Decision.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Cong Tan
ON MANAGEMENT OF SPECIAL-USE FORESTS, PROTECTION FORESTS AND PRODUCTION FORESTS, WHICH ARE NATURAL FORESTS
(Issued together with the Prime Ministers Decision No. 08/2001/QD-TTg of January 11, 2001)
Article 1.- Regulations on forests and forestry land
1. Forests prescribed by this Regulation are natural forests on forestry land, where exist forest flora and fauna as well as natural elements related to forest (rock mountains, rivers and streams, lakes, lagoons, submerged land areas’).
2. Forestry land includes:
a/ Land with forests;
b/ Land not yet covered with forests, land without forests and natural Vegetational cover, which are planned for forestry purposes.
3. Forests are classified into three categories according to their main use purposes as follows:
a/ Special-use forests, which are determined for the purpose of preserving the nature, standard specimens of the national forest ecological system, gene sources of forest flora and fauna, conducting scientific research, protecting historical and cultural relics and scenic places, and catering for rest, recreation and tourism;
b/ Protection forests, which are determined primarily for forest construction and development aiming to protect and regulate water sources, protect soil, combat erosion, limit natural calamities, make the climate equable, ensure ecological balance and environmental security;
c/ Production forests, which are determined primarily for forest construction and development aiming to produce and trade in forest products (particularly timber and forest specialties) in combination with protecting the environment and ecological balance.
Article 2.- Principles for organizing the management of three categories of forest
1. Special-purpose forests and protection forests shall be placed under unified management by the State and established into national system of special-use forests and protection forests;
Each special-use or protection forest shall be established and organized for management according to its use purposes on each particular geographical area, and managed by an owner. The forest owners shall be assigned forests for management together with the land use right, take responsibility for managing, protecting, constructing and rationally using forest resources according to law provisions and not contrary to this Regulation;
2. Organizations, households and individuals (collectively called forest owners) shall be assigned or leased by the State forestry land and production forests for production and business activities;
The areas of forestry land and production forest assigned or leased to forest owners shall depend on the localities forest funds and forestry land funds and the forest owners needs and capabilities to manage and use land and to undertake forest production and business;
3. All organizations and individuals shall have to protect, construct and develop forests according to law provisions. All acts of encroaching upon forests and forestry land shall be handled according to law.
Article 3.- Competence to organize the management of forests of three categories
1. The Prime Minister shall approve the overall planning on forests of all categories; and approve key national projects;
2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the concerned ministries, branches and the Peoples Committees of the provinces and centrally-run cities (collectively called provincial-level) in making the overall planning on nationwide systems of special-use forests, protection forests and production forests, formulating key national projects and submitting them to the Prime Minister for approval;
3. The provincial-level Peoples Committee presidents shall have to manage, direct functional branches in their provinces and the district-level Peoples Committees to make detailed planning on forests of three categories in their respective localities, formulate projects and submit them to their immediate superiors for approval;
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