Decision No. 57/QD-TTg approving the forest protection and development plan during 2011-2020

Issue nos 11-121.Ianuary2012 Orr:IC1AL GAI.F;n: (Gong BaD /lOS JUY- j j()/Ja/luarl' 22, lUll) 9 Decision No. 57/QD-TTg of January 9, 2012, approving the forest protection and development plan during 2011-2020 THE PRIME MINISTER Pursuant to the December 25, 2(J()] Law on Organization of the Government; Pursuant to the December 3, 2004 Law on Forest Protection and Development; Pursuant to Resolution No. I8/20ll/QHi3 ofthe xur National Assembly, 2,,,1 sessian, on the implementation ofResolution No. 08/1997/ QH10 and Resolution No. 7312006/QHll on (he 5 miilion-tu: forestation project; @ VtETNAM LAW II. lEGAl. OftUM' 10 OFFICIAL GAZETTE Issue nos 1l-1Ufanuary 2012 (Gong Baa IIOS 109-1 'Olial/uGlY 22,2012) A[ [heproposal ofThe Minister of'Agriculture and Rural Development, DECIDES: Article 1. To approve the forest protection and development plan during 2011-2020 with the folloUlg major contents: 1.OBJECTIVES AND TASKS. t 1. Ob~tives aJ To ptoperly protect existing forest areas; to effecU~ely and sustainably use forest resources-and planned forestry land; blTo l'Itise the forest coverage to 42-43% by 2015 amH4-45% by 2020; to increase forest yield, qtrality and value; to restructure the forestry S!ttor toward raising its added value; to basicalTY meet domestic and export demands for timb~find forest products; cI To~erate more jobs and raise incomes for people living on forestry, contributing to eradicating hunger, reducing poverty and maintaining security and defense. 2. Ta8*s a/ Forest protection To protect and sustainably develop 13,388,000 ha of existing forests (as of December 31, 2010), 750,000 ha of forests zoned off for regeneration and 1,250,00 ha of forests planted during 2011-2014; to reach a total forest area of around 14,270,000 ha by 2015 and 15,100,000 ha by 2020; To basically reduce violations of the law on forest protection and development; to cffectivcly promote forests' functions of protection and ceo-environment protection and biodiversity, contributing to sustainable national socio-economic development. bl Forest development During 2011-2020: + Forestation: 2.6 million hu, including 250,000 ha of new protection and special-use forests (25,000 ha/year on average), 1 million ha of new production forests (100,000 ha/year on average) and 1.35 million ha of forests replanted after exploitation (135,000 ha/year on average); + Zoning off for regeneration: 750,000 ha (mostly protection and special-use forests), including 350,000 ha zoned off for continued regeneration and 400,000 ha zoned off for new regeneration; + Rehabilitating impoverished natural forests: 350,000 ha (35,000 ha/year on average); + Growing scattered trees: 500 million trees (50 million trees/year on average); + Raising quality of natural forests and yields of planted production forests by 25% in 2020 against 2011. During 2011-2015: + Forestation: 1.25 million ha, including 150,000 ha of new protection and special-use forests (30,000 ha/year on average), 500,000 ha of new production forests (100,000 ha/year 011 aver age) and 600,000 ha of forests replamed . .V1E~ Issue nos 1I-12I.Januury 2012 OFFICIAL GAZETTE (Gong BaG IIOS f09-110/Jwruarv 22,2012) 11 after exploitation (120,000 ha/year on average); + Zoning off for regeneration: 550,000 ha, including 350,000 ha zoned off for continued regeneration and 200,000 ha zoned off for new regeneration; + Rehabilitating impoverished natural forests: 150,000 ha (30,000 ha/year on average); + Growing scattered trees: 250 million trees (50 million trees/year on average); + Raising quality of natural forests and yields of planted production forests by 10% in 20 J5 against 2011. II. IMPLEMENTATiON SOLUTiONS 1. Promotion of information work and awareness raising alTo regularly disseminate economic, social, environmental, security and defense values of forests in the mass media. blTo increasingly educate people about the law on forest protection and development and raise their sense of forest protection; to mobilize households living in and near forests to sign forest protection comrnirments; to develop and observe forest protection rules; to change awareness and habit from extensive to intensive forestry farming combined with production of small and large timber. 2. Planning and forestry land management a/ Tu review and stably plan 10,24S,OOO ha of forests and forestry land (including 2,271,000 ha of special-use forests, 5,R42,OOO ha of protection forests and 8,132,000 ha of production forests); to uniformly manage planning on the basis of establishing permanent national forest estate according to the system of sub-zones, plots and lots on the map and placing boundary markers in the field for the three categories of forests; bl To closely manage and pro~ adjust inappropriate contents of master pHrm on three .... categories of forests; to accelerate-ssable and permanent allocation of forests to oi§inizations, individuals and households. State ofg~n~ations shall directly mallage around SOo/ci'ofthe total .",. forest area, including all special-use forests, ~ 65% of pror e ct i o n forests aTJrt' 30% of production forests; cI To plan the development ofJpe forest product processing industry ar±trade in association with building coiUs?)idated industrial material forestation zon~;roattach importance to planning the deveuspment of forestry production and processing "i}lages and forestry farms. Not to plan PIPcessing establishments and sawmills insi~'(and near special-use and protection forests; dJ To provide state budget fund!,fbr general forest survey and inventory. 3. Forest protection a/ To further socialize forestry activities under the line that forest protection is the responsibility of all agencies, organizations, households and i ndi virlual s ; bl To strengthen and develop forest protection forces from central to grassroots level and of forest owners; to increase legalpowers @ VIETNAM LAW &LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos lI-l2/,[nnuary 2012 (Gong BaaIIOS l09-l la/January 22,2012) and responsibilities of ranger forces in forest management and protection and law enforcement; cI To enhance inspection and examination of the implementation of the law on forest protection and development; to promptly and strictly handle violations of the law on forest-protecti01land development;, d/ To ~rictly observe the law on forest-protecti~nd development; to implement the mechani!!:!! on compensation for biodiversity values aJlft:regulations on forestation to replace forest artm used for other purposes. 4. Foresz al location and lease alTo l!t"nerallyreview and improve policies..... on fores~tection contracted to organizations, househq%gs, i ndi viduals and village commurWles; in planned areas, to allocate forests t~rsons undertaking contracted forest .. prudUCl~Uthat they can directly gel benefits from fo*ts. The State shall support the managpni~t and protection of impoverished forests from which revenues have not been generated under the Prime Minister's Decision No. 60/2OIQIQD-TTg of September 30,2010, promulg~gprinciples, criteria and nOTInS for allocati~l!'!f state budget funds for development investment during 20ll-2015; bl Provincial-level people's Committees shall review and accelerate the allocation and lease of forests to organizations, village communities, households and individuals, ensuring that all forest areas have specific owners. To basically complete the allocation and lease of forests and grant of forest-attached land use right certificates by 2015. To ensure state budget funds for the compilation and completion of forest allocation and lease dossiers at an aver agc VND 200,0001 ha of forest. Provincial-level People's Committees shall specify funding levels suitable to the conditions ofeach forest in their localities under the Ministry of Agriculture and Rural Development's guidance. c/ To allocate or lease forests currently managed by commune-level People's Committees (over 2.7 million ha) to village comm uni ti es, households, organ iza tions, individuals or enterprises. To assign ranger force s to protect forests which cannot be allocated or leased and advise commune-level administrations in performing the state management of forest protection and development. Special-use and protection forest management units and state forestry companies and local communities shall co-manage forests on the basis of sharing the responsibilities for forest management, protection and development and benefits from forests based on each party's contributions. 5. Science, technology and forestry extension a/ To elaborate and Improve technical processes and regulations on forest fire prevention and fighting, forest exploitation and use, and intensive forestation established in forest sites and eco-regions; C VIETNAM LAW & LEGAL FORUM ("sup no" 11.121January2012 OFFICIAL GAZETTE (Gong Beo 110S109-llO/JmIllW)' 22,2012) 13 b/ To accelerate scientitic and technical research and transfer, attaching special importance to studying, sorting and creating new varieties of high yield and quality, and concurrently study and apply appropriate advanced technologies which take over and promote traditional experience to raise natural resource use effectiveness, output product value and forest environmental service quality; cl To use appropriate advanced equipment and technologies for exploitation and processing, to associate research with production and diversification of products to increase their added value and mitigate en vironrnental pollution; d/ To consolidate the grassroots forestry extension system, especially in forest- and forest land-intensive communes and deep-lying and remote areas. 6. International cooperation a/ To beproactive in bilateral and multilateral cooperation with regional and international forestry organizations. To further implement forestry treaties to which Vietnam is a contracting party such as the Convention on International Trade in Endangered Species of WiId Fauna and Flora (CITES), United Nations Convention on Biological Diversity (UNCBD), United Nations Convention to Combat Desertification (UNCCD), United Nations Framework Convention on Climate Change (UNFCCC), Convention on Wetlands of International Importance (RAMSAR Convention), REDD+ (Reducing Emissions from Deforestation and Forest Degradation) and International Tropical Timber Organization (ITTO); bl To further carry out international economic integration activities, particularly within the ASEAN cooperation framework and in forest administration, forestry law enforcement and forest producr~.1!ade. To elaborate and implement coseeration agreements with countries in theM~g River sub-region, especially Laos and Cambodia. 7. Markets aJ To boost trade promotion <wtti expand markets for forest products; bl To renew management of foriil:-'>l product circulation, guaranteeing their lawf~rigin, to encourage all economic sectors tg::enter the market, to create a fair competitive eltltiromnent and harmonize the interests of pro.$cers and consumers; to create market motive-to promote domestic forestry production. 8. Formulation and implementalkrn of key projects and plans a/ Project to plant wave-breakjsg forests, protect sea dykes and fight coastal erosion; bl Project to plant and protectasatershed forests in river basins; cl Plan to raise planted forest yield and enrich natural forests; d/ Plan to plant forests in border areas in association with resettlement; el Plan to grant certificates of sustainable @ VIETNAM LAW & lEGAL fORUM 14 OFFICIAL GAZETTE Issue nos 11-121.Ianu@ry2012 (Gong Baonos 109- IIO/January 22, 2()I2) forest management by international standards; f! Plan to raise forestry state administration capacity; g/ Plan to build and develop forest product processing and sale networks; WPlan to raise ranger force capacity; il Construction of a national wildlife park in".Ninh Binhsprovince, 9. FtO,wling demands and (und raising mechaniC; a/ Th~tal fund needed during 2011-2020 is VND~J 17 bi Ilion, mostly for pIantati on of productiorf forests and forest protection. The,. amount 1nt1udes VND 14,067 billion from the state buc!ijt, accounting for 29% of the total fund, wi=n average VND 1,407 billion/year; and V~35,250 billion outside the state budget, Eounting for 71 % of the total fund, with an~rageVND 3,500 billion/year. The~1 fund needed during 2011-2015 is VND ~62 billion. The amount includes VND s.JtQ7 billion from the state budget (33%), with an :i~rage VND 1,612 billion/year; and VND lQo billion from loans and other .......... funding.sources (67%) for plantation of produc.Q forests. State budget funds for development investment (plantation, care, forestry infrastructure facilities, etc.) will be VND 5,512 billion with an average VND J,102 billion/year, an d non-bus i nc s s fu nds (fo i contracted forest protection and zoning off for regeneration) will be VND 2,550 billion with an average VND 510 billion/year. State budget funds worth VND 1,925 bi Ilion were allocated in 2011 and 2012 (VND 715 billion in 2011 and VND 1,210 billion in 2012). The state budget fund needed for 2013-2015 will he VND 0,117 hillion with an average VND 2,045 billion/year. bl Fund raising mechanism To incorporate forest protection and development plans into socio-economic development plans and other programs and projects in the same localities to raise synchronous socio-economic, environmental, defense and security effectiveness; To concentrate central budget funds for development investment on large-scale protection forest planting projects, national parks and projects in districts listed under the Government's Resolution No. 30a/2008/NQ CP of December 27, 2008, on the program to support quick and sustainable poverty reduction in 62 poor districts, the northwestern region and the Central Highlands; support for production forest development; support for forestry road building in consolidated material forestation areas with transport difficulries; research and experiment projects; investment projects on advanced equipment and technology and information technology application to forest planning, management and protection; and investment in hi-tech research and application in seed sorting and original seed production and intensive forestation. Local budget funds will be allocated to remaining projects under general policies; To provide the State's non-business funds © VIETNAM LAW &LEGAL FORUM Issue nos 11-l2JI:lnllary 2012 OFFICIAL GAZETTE (Cong BaD 1105 I09-110IJallllUlY 22, 2012) 15 tor economic acuvitres for contracted forest protection, zoning off for regeneration, supervision of forest developments and forestry land and other non-business expenses under current regulations; To raise to the utmost resources of domestic economic sectors and mobilize funding supports (GDA funds) from international organizations for forest protection and development plans; To raise other lawful funding sources, including revenues from forest environmental services, forest royalty, etc. Ill, MECHANISMS, POLICIES AND LAWS 1. To continue a number of current policies al To continue forest development mechanisms and policies according to the 5 million-ha forestation project. During 2011 2015, forest protection and development tasks comply with the Prime Ministf'r's Decision No 60/201 O/QD-TTg of September 30, 2010, promulgating principles, criteria and norms for allocation of state budget funds for development investment during 2011-2015; and the Prime Minister's Decisions No. 14/12U07/(,lU-Tl'g of September 10,2007,011 a number of production forest development policies during 2007 2015, and No. 66/20111QD-TTg of December 9, 2011, amending and supplementing a number of articles of Decision No. 147/2007/QD-TTg; bl To continue current policies on food support for mountainous people to stop slash and-bum farming and shift to forestation on torestry land being used for farming; the Government's Resolution No. 30a/LUU8!NQ CP of December 27, 2008. on the program to support quick and sustainable poverty reduction in 62 poor districts; the Prime Minister's Decision No. 7312010/0D-TTg of November 15, 2010, promulgating the Regulation on forestry construction investment; and the Government's Decree No. 1171201Q1ND-CPof December 24, 2010, on organizajion and management of special-use forests; cl To apply incenti ve policies for enterprises to invest in agriculture and rural areas WIder the Government's Decree No. 61120 I OIND-CP of June 4. 2010, on incentive policies for enterprises investing in agriculture and rural areas; credit policies for agriculture and rural areas under the Government's Decree No. 41/ 201O/ND-CP of April 12, 2010;' to attract investment capital from other cconoraic sectors for forest development and protection. 2. Policies to be revised a! Forest protection: To amend and supplement a number of provisions of the Government's Decree No, 99/2009/ND-CP of November 2, 2U09, on sancuorung at administrative violations in forest management and protection and forest product management; and Decree No. 23/2006/ND-CP of March 3, 2006, on implementation of the Law on Forest Protection and Development, in order to marc closely manage the change of use purposes of different categories of forests in localities; bl Forest management: To review mechanisms and policies on forest management 16 OFFICIAL GAZETTE Issue nos 1l·121.Ianuary20l2 (Gong Baa 1105 109-JlO/Jallllw)' 22, 2012) under the Prime Minister's Decision No. 186/ 2006/QD-TTg of August 14, 2006, promulgating the Regulation on forest management, ensuring consistency and conformity with the land law and avoiding overlap and repetition; dContracting and lease of forestry land: The Ministry ~gricultureand Rural Development shall asstrfi.te the prime responsibility for, and coordinase-with related ministries and sectors in, reviewing the implementation of and .....-. ' submitti~to the Government for promulgation polices toJiplace, the Government's Decree No. o1/CP oq~nuary 4, 1995, on contracting land to state enterprises for agricultural and forestry producti~ and aquaculture, and Decree No. 1351200S'JrD-CP of November 8, 2005, on forest an~~restry land contracting; dl C'.ledi t pol ic ies: The Vietnam Develop~nt Bank shall assume the prime responsiaility for, and com di [late w ith related ministries-and sectors in, formulating policies on lendi,!l£ to forestation projects; and permission for use of forest ownership or use rights as c<ipital contribution to joint ventures on forestf1)Jld forest service projects or as loan mortgager-' Toa~ the Ministry ofFinance to assume the prime responsibility for amending and supplementing the Government's Decree No. 15112006/ND-CP of December 20, 2006, on investment credit and export credit of the State. and the Government's Decree No.1 06/20081 ND-CP of September 19, 2008, amending and supplementing a number of articles of Decree No. 15l/2006/ND-CP on investment credit and export credit of the State, for submission to the Government, creating favorable conditions for forest-planting organizations and individuals to take loans and make repayment based on cultivation cycles; to add small-scale forestation households and enterprises to eligible loan borrowers; to expand business lines and sectors eligible for loan borrowing, including projects on planting large material timber and projects to process MDF (medium-density fireboard), particle board and artificial board; and to study and revise forest royalty policies toward using forest royalty revenues mainly for forest protection and regeneration. 3. New mechanisms and policies The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related ministries and sectors in, studying and formulating the foUowing major policies: al Policy on protection forests toward allowing forest owners of all domestic economic sectors to protect, develop and reasonably use protection forests to get stable revenues from forests; b/ Policy on timber and forest product exploitation: The Ministry of Agriculture and Rural Development shall specifically provide criteria and indicators on forest product exploitation, ensuring autonomy of forest owners in production and business under approved sustainable forest management plans; cl Forest co-management mechanism: From , 0 VIETNAM W&lEGAL FORU r~5Uf' no~ 11-l21l:mllllry 2012 OFFICIAL GAZE' TE (Gong Beo nos109-IJO/Januwy 22,2012) 17 now to 2014, to pilot the benetit-shanng mechanism in anumber of special-use forests toward basically changing from complete state control over forest protection to various co management forms in which local communities share the management responsibility and benefits with state agencies; d/ Policy on support for infrastructure construction and forestry vocational training, especially for ethnic minority people; e/ Incentive policy for processing and consumption of planted timber; fI Mechanism and policy on restructuring of state-owned torestry companies. IV. ORGANIZATION OF IMPLEMENTATION The forest protection and development plan during 2011-2020 shall be implemented under the Regulation on administration and management of national target programs. 1, Planning management a/ At central level To set up the State Steering Committee for the forest protection and development plan during 2011-2020 on the basis of merging the steering committee for urgent issues on forest fire prevention and fighting and the steering committee for the 5 million-ha forestation project, with a deputy prime minister as its head, the Minister of Agr icu lture and Rural Development as the standing deputy head, and leaders of related ministries and sectors as members; To set up an office to assist the State Steering Committee for the forest protection and development plan during 2011-2020 based at the Vietnam Administration of Forestry of the Ministry of Agriculture and Rural Development. b/ At local level To set up provincial-level' Steering Cornrn i ttees for rhe f'ore st rro~tjon and development plan during 2011-2020 on the basis ofmerging steering committees for urgent issues on forest fire prevention and f~ting and steering committees for the 5 mi1lion-ha forestation project, with chairpersoas or vice chairpersons of provincial-levet:People's Committees as committee heads. Provinci ai-Ie ve I Agricul ture aird Rural Development Departments shall assist provincial-level People's Committees in implementing the forest prote[tion and development plan during 20 11-~20 and managing local projects under this r'iftn. .~. c/ Planning assignment mechanism To :lssign work volumes and project lists on a stable three-year planning basis for state financed investment in the development of protection, special-use and produchefi forests to local project management units for proactive implementation. 2. Responsibilities ofministries, sectors and localities a/ The Ministry of Agriculture and Rural Development , . 18 OFFICIAL GAZETTE I~~lI(, nn.~ 11.12/IJlOuJlry 21112 (Gong Beo 1105 J09-IlOIJalluary 22,2012) To assume the prime responsibility for the administration and organization of the plan implementation; To formulate annual, three-year and five year forest protection and development plans and send them to the Ministry of Planning and Investment and the Ministry of Finance for.., summarization and submission to the Prime MinisterTO.r consideration and approval; To ~sume the prime responsibility for, examin~ and supervising the plan implem~tion; To me the prime responsibility for, and coordinate with the Ministry of Home Affairs in, devel:!;lping a plan to consolidate the forest ..; .. protectioacapparatus and submitting it to the GoverntWMlt for approval; To ~me the prime responsibility for, and coordina~ithrelated ministries and sectors in, amendi~' supplementing and formulating policies PrQvided in Clauses 2 and 3, Section 1ll of this. .Qccision, and submit them to the Govemrssnt for approval, so as to ensure the fulfillmesrof the tasks under the forest protection and development plan during 2011-2020;...... ~ To ~ually report to the Government on the p1aif1mplementation; to periodically organiz'tpreliminary and final evaluations of the plan implementation. b/The Ministry of Planning and Investment To summarize annual, three-year and five year plans of the Ministry of Agriculture and Rural Development and allocate budget funds for submission to the Prime Minister for approval; To coordinate with the Ministry of Agriculture and Rural Development in examining and supervising implementati on results. c/The Ministry of Finance To c ou rd i na te with the Ministry uf Agriculture and Rural Development in appraixing and allocating an nil<II hurlgf't funding plans and allocating non-business funds for forestry; to guide organizations and individuals in properly implementing current financial regulations. dI The Ministry of Natural Resources and Environment To guide localities in determining boundaries of areas planned for forestry development fur management and plan implementation; To coordinate with the Mi n is try uf Agriculture and Rural Development in guiding localities in linking land allocation wirh forest allocation to organizations, individuals and households under approved forest protection and development planning . el Other related ministries and sectors To coordinate with the Ministry of Agricul ture and Rural Development in organizing the plan implementation; To participate in examining, supervising and urging the plan implementation, fI Provincial-level People's Committees To assume the pri me responsibility forthe e VIETNAM LAW'& LEGAL FORU' plan implementation iii their localities: 1\.)review and propose lists of projects for formulation and appraisal; to manage, evaluate and check before accepting project implementation results in their localities under state regulations; To elaborate funding plans and needs and submit them the Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment for summarization and submission to the Government; To regularly report to the Government and related ministries and sectors on the plan implementation progress in their localities; to conduct preliminary and final reviews of the plan implementation under the Ministry of Agriculture and Rural Development's guidance. 3. Mobilization of mass organizations '" . E A.'~ . 19 Io r('quc~,t the Vietnam Falhcfiand Front Central Committee and member organizations to actively paruc rpate tn the plan implementation under the linc that forest protection and development arc the responsibility and obligation of all organizations, individuals and households. Article 2. This Decision takes effect on the date of its signing. Article 3. Ministers, heads of ministerial level agencies, heads of govemment-auached agencies and chairpersons of prov'J4Riat-level People's Committees shall impIlMl}ent this, Decision> Prime Minister NGUYEN TAN DUfg{j