Circular No. 56/1999/TT-BNN-KL guiding the elaboration of the convention on protecting and developing forests in the population communities in the hamlets and villages in the plains and mountainous areas

16 OFFICIAL GAZETTE No. 24 (30-6-1999) CIRCULAR No. 56/1999ffT-BNN-KL OF MARCH 30, 1999 GUIDING THE ELABORATION OF THE CONVENTION ON PROTECTING AND DEVELOPING No. 24 (3 0-(>-1999) OFFICIAL GAZETTE 17 FORESTS IN THE POPULATION the protection and Jc:,elopmcnt of forests in :he COMMUNITIES IN THE HAMLETS AND VILLAGES IN THE PLAINS AND MOUNTAIN AREAS In furtherance of Decree No. 29/1998/ND-CP of May 11. I 998 of the Gmcrnmcnt promulgating the Regulation on democracy to be implemented at the communes. after consulting the Ministry of Justice. the Ministry of Culture and Information and the Go\'crnmcnt Commission for Organization and Personnel. the Ministry of Agriculture and Rural Dc,elopmcnt prmides the follo\\ing guidance on the elaboration of the con,cntion on protecting and dc,cloping forests: I. REQUIREMENT OF BUILDING THE CONVENTION ON PROTECTING AND DEVELOPING FORESTS I. The la\\ rccogni1:cs the com cntion of the hamlets and ,illagcs in the plains and in mountain areas (hereafter generally called hamlets) as the rules of bcha\'ior ,, ithin the community and , oluntarily obscncd by the community on the principle of "·majority consensus--. The regulations on protecting and dcYeloping forests in the com cntion of the hamlet community must. on the one hand, confonn \\ith the undertakings and policies of the Party and folio\\ the prescriptions oCla\\, and on the other must inherit and dc,clop the fine customs and habits of the localities. 2. To combat and eliminate harmful habits and superstition and unla\\fol fines that cause di,ision and disunitv within the communitv. - 3. The contents of the com cntion on protecting and dc,cloping forests must be clear. casv to understand and easy to implement. 11. MAIN CONTENTS OF THE PROTECTION AND DEVELOPMENT OF FORESTS IN THE HAMLET CONVENTION Depending on the socio-economic situation. customs and habits and the characteristics of each hamlet the forest inspector in charge of the local area shall suggest and discuss "ith the hamlet chief to determine and select the fundamental contents of locality. arrange them in the order of importance ai c1 discuss the method of soh ing them and submit these methods to the conference of the hamlet comm ,mitv in order to discuss and agree on the comcntion. The main contents to be discussed in the elaboration of the con,cntion on protecting and dc,cloping forests arc: I. Rights and obligations of all members of the community in the protection and dc,clopmcnt of forests and protection of the Ii ,ing cm ironmcnt. To carry out cffccti,cly the mo,cmcnt of'·Trcc planting during the Tct in eternal gratitude to Uncle Ho'·. To encourage the regulations of the hamlet community in the com cntion on the good habits such as: planting a number of commcmorati,c trees at prescribed places such as '·garden of happiness" ... garden in gratitude to Uncle Ho'·, --school garden-- .. . 2. Regarding the clearing of hilly plots \\ithin the hamlet. apart from making commitments to abide by the regulations of the State. the hamlet may pro,idc for other issues such as intcnsi,c culti,ation and inter-cropping in order to raise the producti,ity of the crops and trees. 3. The regulations on forest protection and the mobilization of internal resources to tend. foster and dc,clop the forests O\ cd by the hamlet community. the important primcrnl forests. historical, scenery and religious forests of the conununity. 4. On the exploitation, purchase. sale and transportation of timber and other forest products. 5. On the protection, hunting, trapping. catching and use of forest animals. (>. On the raising of domesticated animals in the forests. 7. On the prc,ention and combat against forest fires, the use of fire in the forests and questions on the pre,cntion and combat against forest pest. 8. On the coordination in organi1:ing the contracting for protection of forests: the acceptance of forests and forest land by each member in the community for the protection of forests, doing business in forestry. afforestation and combined agriculture and forestry production. 9. The question of use, production and multiplica tion of seeds of plants in forestry production aimed at 18 OFFICIAL GAZETTE N 0. 24 (3 O-(l-1999) ensuring the cflicicncy of forestry business. I 0. The detection and prc,ention of factors dc(nmcntal to forests such as persons from other Joe,,! itics coming to the hamlet to destroy forests for cropping. exploiting. selling. buying. transporting and hw,ting forest animals illcgall:-, and acts of tolerating these \\TOng acts. 11. On the mutual assistance among members in the community in protecting and de, eloping forests and organi1:ing the sen ice of producing and marketing products. 12. Protecting and dc,cloping forests is not only the internal affair or each hamlet. Therefore. in the com cntion it is necessary to touch upon the question of coordinating among the hamlets in order to ensure efficacious management protection and de, clopmcnt of forests. 13. The hamlet com cntion ma \ pro,idc for the consideration and handling of, iolations in the domain of protection and de, clopmcnt of forests ,, ithin the community such as regulations on the compensation for damage and fines. Ho\\C\CL the ,iolation handling at the hamlet should be conducted chicf1y through propaganda, education. persuasion and reconciliation and in conformity \\ith the concrete situation in each hamlet and fines contrarily to the prescriptions of la\\ must not be imposed. 14. On the questions of public utility of the hamlet concerning the protection and dc,clopmcnt offorcsls such as organi1:ing groups of forest patrol. rirc prc,cntion and combat against forest fires. there may be prO\ is ions on the mobili1:atio11 of the people ·s contributions. ,,hich must ensure the principle of ,olunarincss and the confonnit \ with the prO\ isions in Decree No. 29/CP of May 11. 1998 of the GO\ crnmcnt on the implementation of the democratic regulation in communes. Ill. ORGANIZING THE ELABORATION OF THE CONVENTION ON PROTECTING AND DEVELOPING FORESTS I. Before organizing the elaboration of the con, cntion on protecting and dc,eloping forests in the hamlet community. the local forest ranger must counsel the commune People ·s Committee and discuss and reach agreement ,,ith the hamlet chief on the contents that should be brought to the hamlet conforcncc for discussions and unanimous ,otc as well as commitment to implement. 2 The hamlet chief shall com enc the conforcncc in t,,o forms: conference of the \\hole population or conference of rcprcscntati,cs of families in the hamlet. The agenda of the conforcncc shall be as fol lo\\ s a/The hamlet chief presents the contents that need to be dealt \\ith in the corncntion on protecting and dc,cloping forests for the people to discuss and ,otc on publicly through the contents of each part and the entire text of the con, cntion: the memo of the conference must be fully and faithfully recorded and must be signed by the hamlet chief and the sccrctar \ of the conference This memo shall be sent to the Pcoplc·s Council and Pcople·s Committee of the commune together with the draft comcntion. 6/ Ir the contents of the com cntion arc apprO\ cd b, t,rn thirds and more of the participants in the conference. the commune Pcoplc·s Council shall consider and propose to the President of the Pcoplc·s Committee of the district to apprO\c. 3. After the President of the district Pcoplc·s Committee apprO\ cs the hamlet ·s com cntion on protecting and dCYcloping forests, the commune People ·s C ommittcc shall organi;:c a conference or the population in the hamlet to inform them or the contents and to discuss measures of implementing the comcntion or the community 1-. The hamlet population shall appoint a forest protection and dcn:lopmcnt team and the people ·s Inspector to organi1:c and supcf\ isc the implemen tation or this com cntion. 5 In case of disputes or ,iolations in the field of protection and dc,clopmcnt of forests. if it 1s an internal affair of the communit, al read, defined in - . the hamlet com cntion. the concerned persons shall be called upon to rcsohc it in the spirit of negotiation and reconciliation\\ ithin the community. In case the act of, iolation and the extent of the ,iolation is prescribed by Im, to be sanctioned administrati,cly or examined for penal liability. the hamlet chief shall make a \\Tittcn report to the commune People ·s Committee and at the same time infonu the local forest ranger \\ ith a , ic\\ to settlement. 6. The resolution of the hamlet conference to No 2--l- (?O-(i-!999) OFFICIAL GAZETTE examine and deal \\'ith ,iolations of the comention by family households and indi, iduals in the hamlet shall be , a lid \\ hen it is apprO\ cd by at least more than half of the participants and is not contrary to regulations of the State. IV. ORGANIZATION OF IMPLEMENTATION The Ministry of Agriculture and Rural De, clopmcnt shall assign the Ranger Department \\ith directing the implementation of this Circular. monitoring and periodically inspecting the general situation and report to the Minist1:-. The ranger sub-departments in the prm inccs and centrally-run cities shall closely cooperate \\ith the scf\ ice of agriculture and rural dc,clopmcnL the juridical sen ice. the culture and information scf\ ice and the administration organi.1:ation commission of the pro,inccs to direct the elaboration of the com cntion on protecting and de, eloping forests in the population communities in the hamlets according to this Circular. in conformity\\ ith the pro,isions of la\\ and the natural and socio-economic conditions and the customs and habits of each ethnic community. In the process of implementation. if any problem arises the People· s Committees of all lc,cls, the Sef\ ices of Agriculture and Rural De,clopmcnt and the Ranger Sub-Departments shall report it to the Ministry of Agriculture and Rural Dc,clopmcnt for examination and settlement. For the Minister rdAgriculture am/ Rural Development Vice Minister NGUYEN VAi\ DANG 19