Decision No. 62/2005/QD-BNN promulgating the Regulation on criteria for classification of special-use forests

32 OFFICIAL GAZETTE Cong Bao nos 25-26 (22-10-2005) DECISION No. 62/2005/QD-BNN OF OCTOBER 12, 2005, PROMULGATING THE REGULATION ON CRITERIA FOR CLASSIFICATION OF SPECIAL-USE FORESTS THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to the Government's Decree No. 86/ 2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Pursuant to the 2004 Law on Forest Protection and Development; At the proposal of the director of the Forestry Department, classification of special-use forests. Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO." Article 3.- The director of the Office, the director of the Forestry Department, the director of the Science and Technology Department, the director of the Legal Department, the director of the Ranger Department, directors of provincial/municipal Services of Agriculture and Rural Development, heads of provincial/municipal Ranger Sub Departments, and heads of concerned units shall have to implement this Decision. For the Minister of Agriculture and Rural Development Vice Minister HUADUC NHI REGULATION ON CRITERIA FOR CLASSIFI CATION OF SPECIAL-USE FORESTS (Issued together with Decision No. 62/2005/QD BNN of October 12, 2005, of the Ministry of Agriculture and Rural Development) I. GENERAL PROVISIONS This Document sets the criteria for classification of special-use forests (excluding scientific research DECIDES: and experimentation forests), applicable nationwide to forest land of all kinds, including land with forests Article 1.- To promulgate together with this (natural forests and planted forests); land without Decision the Regulation on the criteria for forests, land with lost forests, and vegetational r; VIETNA~I LAW & LEGAL FORUM Cong Bao nos 25-26 (22-10-2005) OFFICIAL GAZETTE 33 cover planned for forestry purposes. Special-use forests are used mainly for conservation of the nature, specimens of the national forest ecosystems and forest biological gene sources; scientific research; protection of historical and cultural relics as well as scenic places; recreation and tourism in combination with forest protection, contributing to environmental protection. According to Article 4 of the 2004 Law on Forest Protection and Development, special-use forests include: 1. National parks; 2. Nature conservation zones, including nature reserves and species-biotope conservation zones; 3. Landscape protection zones, embracing forests of historical or cultural relic, and scenic places; 4. Scientific research and experimentation forests. II. SPECIAL-USE FORESTS AND CRITERIA FOR CLASSIFICATION THEREOF 1. National parks 1.1. Definition A national park is a natural area on the mainland or on the mainland with some submerged-land or sea area as its part, which is large enough for the conservation of one or more typical or representative ecosystems so that it/they shall not be affected or be affected very little; the conservation of endemic or endangered species for present and future generations. National parks serve as a basis for spiritual, scientific, educational, recreation and eco tourist activities which are controlled and have less negative impacts. 1.2. Role and functions a/ To conserve and maintain in the natural conditions typical or representative ecosystems, biological populations, species, and gene sources; geomorphological characteristics, spiritual and aesthetic values. b/ To serve scientific research into ecology, biology and conservation. cl To serve sightseeing for educational, cultural, recreation, spiritual and eco-tourist purposes. d/ To facilitate the improvement of the quality of lives of the people living in and around national parks. 1.3. Classification criteria a/ A conservation area consists of one or more specimens representing major ecological zones, having organisms and geological phenomena of special scientific, educational, spiritual, recreation or health rehabilitation value of national and/or international importance. b/ Each national park must have at least two endemic species or more than 10 species listed in Vietnam's Red Book. c/ A national park should be large enough for the maintenance of ecological sustainability, at least more than 7,000 ha (for national parks on the mainland), more than 5,000 ha (for national parks on the sea), or more than 3,000 ha (for submerged national parks), at least 70% of which are natural ecosystems of high bio-diversity value. d/The ratio of the agricultural and inhabited land area to the total area of a national park must be smaller than 5%. 2. Nature conservation zones, including nature reserves and species-habitat conservation zones © VIETNAM LAW & LEGAL FORUM 34 OFFICIAL GAZETTE Cong Bao nos 25-26 (22-10-2005) 2.1. Nature reserves 2.1.1. Definition A nature reserve is a natural area on the mainland or on the mainland with some submerged-land or sea area as its part, whicti is established to conserve in a sustainable manner ecosystems which have seen no or little change, having endemic or endangered species. Nature reserves may also have unique natural or cultural characteristics. Nature reserves are managed mainly to protect ecosystems and species and serve research, environmental supervision, recreation and environmental education. 2.1.2. Role and functions a/To conserve and maintain natural specimens; to maintain the ecological process, biological populations, species, gene sources and scenic places of national scientific, educational, spiritual, recreation and eco-tourist importance. bl To serve scientific research into ecology, biology and conservation. c/ To serve sightseeing for educational, cultural, spiritual, recreation and eco-tourist purposes, ensuring the maintenance of the natural or quasi natural conditions. di To facilitate the improvement of lives of the people living in and around nature reserves, suitable to the conservation objectives. 2.1.3. Classification criteria a/ A reserve area must have species, a living environment and natural landscapes of special scientific, educational, spiritual, recreation or health rehabilitation value. b/ There must be in a reserve at least one endemic species or more than 5 species listed in Vietnam's Red Book. c/ The minimum area of a nature reserve is 5,000 ha (on the mainland), 3,000 ha (on the sea), or 1,000 ha (on submerged land). The area of ecosystems of high bio-diversity in a nature reserve must account for at least 70%. di The ratio of the agricultural and inhabited land area to the total area of a nature reserve must be smaller than 5%. 2.2. Species-habitat conservation zones 2.1.1. Definition A species-habitat conservation zone is a natural area on the mainland or on the mainland with some submerged-land or sea area as its part, which is managed by positive measures to maintain the habitats and ensure the permanent survival of endangered species. Species-habitat conservation zones are managed mainly to protect the environment and conserve bio-diversity by management measures. 2.2.2. Role and functions al To conserve and maintain the natural habitat for typical species, species groups and biological populations, with appropriate interventions of human beings. bl To serve scientific research, environmental supervision and community education for sustainable management of natural resources. c/ To facilitate the improvement of lives of the people living in and around species-habitat conservation zones, suitable to the conservation objectives. 2.2.3. Classification criteria a/ Species-habitat conservation zones must be ~ VIETNAM LAW & LEGAL FORUM Cong Bao nos 25-26 (22-10-2005) OFFICIAL GAZETTE 35 important biotopes (for sheltering, feed and reproduction), meaningful to the existence and development of species of national or local importance. bl There must be in a zone at least one endemic species or more than three species listed in Vietnam's Red Book. cl The area of a zone shall depend on the biotope area requirements of species which need to be protected but must be at least 1,000 ha, of which natural ecosystems occupy more than 70% of the total area of a zone. di The ratio of the agricultural and inhabited land area to the total area of a conservation zone must be smaller than 10%. 3. Landscape protection zones, embracing forests of historical or cultural relic, or scenic places 3. 1. Definition A landscape protection zone, embracing forests of historical or cultural relic, or scenic places, is a zone on the mainland or on the mainland with some submerged-land or sea area as its part, which, as a result of age-old nature-human interactions, is of high aesthetic, ecological, cultural and historical value, and in some cases, of high bio-diversity value. The maintenance of the integrity of these traditional interactions serves as a core in the protection, maintenance and development of landscape protection areas. 3.2. Role and functions To conserve the harmonious relationship between the nature and man by protecting landscapes and cultural and historical relics, maintaining traditional lifestyles and economic activities in harmony with the nature, and socio cultural structures of local communities. al To create favorable conditions for people to visit landscape protection areas for recreation and tourism, suitable to the scope and characteristics of each area. bl To encourage scientific and educational activities with a view to bringing long-term benefits to local people and enhancing their support for protection of the environment of such areas. cl To bring benefits to local communities by providing natural products (forest products and specialties) and other services (clean water, incomes from tourism, etc.) 3.3. Classification criteria al A landscape protection zone must have landscapes or historical relics on the mainland or on the mainland with some submerged-land or sea area as its part of high cultural, historical or aesthetic value, having diversified biotopes, with unique species, methods of using natural resources, social organization, customs, practices, lifestyles and belief. bl Forests are managed and protected by communities according to their customs and practices, and are traditionally linked to communities in production, life, culture and belief. c/ The ratio of the area of agricultural land and land of other kinds to the total area of a landscape protection zone must be smaller than 10%. For the Minister of Agriculture and Rural Development Vice Minister HUA DUC NHI © 1/\ETNAM LAW & LEGAL FORUM