| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 23/2006/ND-CP | Hanoi, March 03, 2006 |
DECREE
ON THE IMPLEMENTATION OF THE LAW ON FOREST PROTECTION AND DEVELOPMENT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
At the proposal of the Minister of Agriculture and Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
1. This Decree provides for forest protection and development plannings and plans; forest assignment, lease and recovery, change of forest use purposes, exchange, transfer and donation; recognition, registration, sub-lease, mortgage, guarantee, capital contribution with, and bequeathal of, forest use rights or ownership rights over planted production forests; statistics, inventory and monitoring of changes in forest resources; organization of forest management, protection, development and use.
2. Matters which are not provided for in Clause 1 of this Article shall comply with the provisions of other legal documents.
Article 2.- Application subjects
This Decree applies to state agencies; organizations; population communities in villages, hamlets or equivalent units (hereinafter called village population communities for short), domestic households and individuals; overseas Vietnamese; foreign organizations and individuals involved in forest management, protection, development and use in Vietnam.
Article 3.- The Ministry of. Agriculture and Rural Development's responsibilities for state management of forest protection and development
The Ministry of Agriculture and Rural Development shall take responsibility before the Government for unifying the state management of forest protection and development nationwide. Concretely:
1. To submit to the Government or the Prime Minister for promulgation or promulgate according to its competence legal documents, regulations, procedures, processes, standards and econo-technical norms on forest protection and development, organize and direct the implementation thereof.
2. To elaborate the national forestry development strategy, national and regional forest protection and development plannings and plans, planning on the system of protection forests and special-use forests of national or inter-provincial importance, and submit them to the Prime Minister for approval; to organize the implementation of the strategy, plannings and plans already approved by the Prime Minister.
3. To guide the survey, determination and delimitation of boundaries of forests of all kinds on maps and on field for uniform implementation nationwide.
4. To guide and direct the statistics, inventory and monitoring of changes in forest resources and afforestation land, and the compilation of forest management dossiers.
5. To guide and direct forest assignment, lease and recovery, and change of forest use purposes; to compile and manage dossiers on assignment and lease of forests and afforestation land.
6. To grant and guide the grant and withdrawal of forest protection and development permits of all types: permits for import and/or export of forestry varieties, permits of the Vietnamese agency representing the Convention on International Trading of Endangered Species (CITES).
7. To organize and direct scientific and technological research and transfer, human resource training and international cooperation in the domain of forest protection and development.
8. To guide and direct the propagation and dissemination of legal documents on forest protection and development.
9. To direct and carry out the examination and inspection of legal documents, regulations, technical procedures and rules on forest protection and development.
Article 4.- Provincial/municipal People's Committees' responsibilities for state management of forest protection and development
1. To promulgate according to their competence and organize the implementation of legal documents on forest protection and development in localities.
2. To elaborate, approve and decide on forest protection and development plannings, plans of provinces or centrally-run cities (hereinafter referred to as provincial-level People's Committees) according to the provisions of Article 18 of the Law on Forest Protection and Development.
To direct People's Committees of rural districts, urban districts, provincial towns or cities (hereinafter referred to collectively as district-level People's Committees) to elaborate forest protection and development plannings and plans and submit them to provincial-level People's Committees for approval.
3. To organize the classification of forests, delimitation of boundaries of forests of all kinds in localities; to establish local protection forests, special-use forests and production forests under the guidance of the Ministry of Agriculture and Rural Development.
4. To organize the statistics, inventory and monitoring of changes in forest resources in provinces or cities under the guidance of the Ministry of Agriculture and Rural Development.
To direct district-level People's Committees to carry out the statistics, inventory and monitoring of changes in forest resources, and make sum-up reports to provincial-level People's Committees.
5. To guide the elaboration of forest assignment plans for districts and communes; to organize forest assignment, lease and recovery, change of forest use purposes, recognition of forest use rights and ownership rights over planted production forests for organizations, overseas Vietnamese, foreign organizations and individuals to execute forestry investment projects in Vietnam; to organize the compilation and management of dossiers on assignment and lease of forests and afforestation land.
To direct district-level People's Committees in assigning forests to village population communities and assigning and leasing forests to households and individuals.
6. To grant and withdraw assorted permits on forest protection and development under the provisions of law.
7. To organize and direct scientific and technological transfer, human resource training and international cooperation in the domain of forest protection and development.
8. To organize and direct the propagation and dissemination of legal documents on forest protection and development.
9. To direct and carry out examination and inspection of the observance of legal documents, standards, norms, regulations, technical procedures and processes on forest protection and development; to handle administrative violations in the domain of forest protection and development according to their competence.
10. Presidents of provincial-level People's Committees shall be answerable to the Government and the Prime Minister for management of all national forest forestland resources in their respective provinces or cities.
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