Directive No. 12/2003/CT-TTg on enforcing the urgent measures to protect and develop forests

OF HC!AL GAZ.ET lF DIRECTIVE No. 12/2003/CTwTTg OF MAY 16, 2003 ON ENHANCING URGENT MEASURES TO PROTECT AND DEVELOP FORESTS Over the past years, the Prime Ministe( has adopted many undertakings and measures on socio economic development in mountainous areas as well as on forest protection and development. Annually, the Government has co ncentr,;3ted efforts on implementing many important programs a1ming to socially and economically develop mountainous areas and to attract all people to participate in' forest protection and development, thus raising the forest coverage, step by step estab!ish!n.g the eco environmental equilibrium, creating many jobs for, and stabilizing the life of, ethnic minority people in mountainous provinces as well as remote and deep lying areas. However, recently, the situation of forest destruction and wild animal hunting has spread widely over the country, particularly in primitive forests, special-use forests and headwater-protection forests. Forest destroyers h ave arrogantly devastated forests, h·:.1 nting precious and rare wild animals and destroying the national forest resources; many shops illegally trade in forest products and forest specialties, abetting forest destroyers and .t~aming illicit profits. The above-stated situation is attributed to the folfowing: Branches and admlnlstrations from communal, district to provincial ievel have failed to strictly abide by the Prime Minister's Deci5,ion No. 245/1998/QD TTg of Decemb~:r 21,. 1998 on performing the responsibility qf Statei ~a~ag~ment over forests and forestry land; fajlecLto well organize the inspection and prevention work; When fore$,tdestruction occurs, the local administrations fail to:-promptly mobilize forces to suppress forest destroyers, in some regions, they even ignore and !eave forest owners and forest rangers alone.in'the f\ghtagainst forest destroyers. •· State-run forestry farms, which are assigned to act as forest owners, have failed to fulfiff their responsibilities or even colluded with baddies to illegally exploit timber as well as rare and precious forest products. Some have, for their own interests, ex. ,1oited timber not according to plans. In some loc.a.!ities, the migration of people to and from has been loosely controlled, thus leading to the situation of suious forest destruction by free migrants. · The forest ranger force has not yet been consolidated, thus failing to perform its assigned functions and to regularly inspect and advise administrations of various levers in directing, pr'.. pagating and organizing the coordination among 10,,,.;~;t-protectir.g forces; the forest ranger force has been p·:iorly equipped, thus being unable to fulfill their tasks and suppress the forest destroyers, failing to create a force strong enough to effectively protect fore~·t resources; in some areas, forest rangers have turn a lJlind eye to arrogant forest destroyers, some degemirate forest ranger officials have tolerated or everr coliuded with baddies in illegally exploiting timber as W'::11 as rare and precious forest products. In order to mctify and remedy these shortcomings oncl wer1kness0s and restore order and discipline in tl,e wo,·k of forest protection and management, the Prime Minister instructs the ministries, branches and provincial/municipal People's Committees to promptly perform the following tasks: 1. The presidents of the provincial/municipal 1::ieop!o's Committees shall assume thB prime responsibility and coordinate with the concerned ministries ar.d branches in directing and organizing the coordim,tion among units of the army, police, border-guard and forest ranger forces in the localities, rnilith f')rce, fo,estry farms' security force and forest owners in order to immediately do the following jobs: a) To organize the mopping up against forest destroyers in natural forests, jungles and forests 0verlai:;ping many provinces, to detect and handle tho sf, who deliberately ref use to abide by· legislation on forest protection arid development, abet forest destioyers in devastating forests and living erivironment of communities and the society. !t 'S necessary to mobilize strong forces, to take sy'lchwnour and resolute measures of propagation and rnc,bilization while mopping up and annihilating :,Jangs of forest destroyers who arrogantly resist peop!e being on official duty. Tc strictly handle organizations and individuals that violate the State's regulations on forest protection and development, those who cover up forest destroyers, permit the illegal forest exploitation as well as the di z.nqe of use purposes of forestry land not according to their own competence and in contravention of law; to [iCministratively sanction and force them to compensate for forest damage they have caused, and to examine their penal liability, if their violations are serious. b) To inspect and force al! free migrants out of primitive forests, special-use forests and headwater protective forests; to concentrate and relocate these persons in the planned resettlement areas and allot land for them to earn their livelihood. For those who refuse to sett!e down in above-stated planned areas, to coordinate with their home provinces in repatriatlng them for re-settlement there. c) To direct the strict perforn,ance of the State management responsibility ovoer fores ts and forestry land by vario..is levels as prescribed, ip the Prime Minister's Decision No. 245/-1998IQD~ TTg of December 21, 1998; to directly mana ge and take responsjbility br)fore the Prime MiMi~terterthenational forest resources under their rnan~gimerit To support communal- ~'nd,<distric.t~{evel administrations in detecting ,and p,reveriting' ilY time cases of encroaching upon forests for illegal exploitation of timber as . well, as rare and precious forest products, and prevent forest. fires and destruction. The grassroots administrations: sh;Uhave to be accountable to their immediate superiors for the nation a! forest resources irrtheir r-aspective \ocalit\es. In cases where forest destrUctfonS: still occur in their localities, the presidents of the People's Committees of provinces or centrally~run cities and local leaders Shall be disciplined. d} To direct and speed up the land allotment as well as the assignment and contracting of forests to peasant housrc:holds·, to materialize the entitlement mechanisms prescribed in the Prime Minister's Decision No. 178/2001 /Q D~ TT g of N ovem be r 12, 2001 on rights and interests and obligations of households and individuals, that are assigned, leased or contracted forests or forestry land and Decision No. 187/1999/QD-TTg of September 16, 1999 on renewing the organization and management mechanism of forestry farms. e) !n provinces where Ho Chi Minh highway and/ or other roads run through their natural forests, forest ranger stations and mobile ranger teams must be oroanized immediately so as to strictly protect forest e~·ow\~,"s :n tnese areas. f) lo ,·:in-;ct the gathering of all forest timber illegally ::x:,loitec: snd timely handle them according to law provisiors, not to leave them unhandled for a long ::in-:,\ th vs taui :,int damage and loss to the State's properties. To inspect, handle and revoke business :icenses of 3hops illegally trading in and/or processing ·Lirriber a!? well as special-dish restaurants with dishes prepared from rare and precious wild animals. g) The provinces and centrally-run cities to set up St,,oring Eoards headed by the presidents of the provincial/rnunicipal People's Committees in order to cx1;,:mize the coordination among forest ranger, army and police forces so as to efficiently implement this Di:·8ctive 2. The Ministry of Agriculture and Rural Develop1nent shall assume the prime responsibility and coordinate with the Ministry of Defense, the Miriist!y of PublicSecur\ty and the provincial/municipal PE'Ophc:'.:: Committees in directing the performance of th,;: fo!lov✓ing tasks: ,;1) To Nork out pians and organize tt1e coordination at', :,:·,;, Vild,·;1.:s for,.:;es in i!ispecting, hunting for and rn,·,1,pin9 q:i, forest destroyers in l<ey areas in the Ccntrnl Highlands and Central Vietnam provinces, and at thf, s2.m~ time to guide the People's Committees of t.'le re1m1ining provinces to determine key areas in each province, annihilate forest destroyers and at any costs stop the forest destruction in 2003. b) Tc, c::iordinate with the Ministry of the Interior and concerned agendes in studying plans on renewing 2nd strengthening the forest ranger system frun tile central to grnssroots level, enhancing the assignment ot forest ranger officials to grassroots so as to make forest ranger force actually the core of grassroots administrations in forest protection and development To provide forest ranger force with means and facilities and work out regulations to guide and manage the use ofweapons so as to help forest ranger force well perform their assigned tasks. c) To assume the prime responsibility and coordinate with the concerned ministries and branches in urging and inspecting the implementation of contents prescribed in Section 1 of this Directive. Annually, to organize preliminary reviews and report implementation results to the Prime Minister. d) From 2003 on, to minimize the norms of timber exploltation from natural forests, mainly in service of the production of handicraft and fine-art articles for export as well as natural disaster prevention and combat To encourage the import of timber and·the use of timber-substituting raw materials with a view to saving timber inprodUctlon and consumption. 3. The Ministry of Publi~ Securi,ty shall have to . ' . . direct the police force in prC>vince1s and cities to coordinate with and suppdrtthe local forest ranger forces in the work of forest protection and annihilation of forest destroyers 4. The Ministry of Defense :shall direct military zones, corps:, local military commands and border guard to organize field operations in order to coordinate with local forest ranger and police force in annihilating forest destroyers; to direct army units to well organize the management and protection of their assigned forest areas, especially forests in defense economic zones and forests lying along the borderline. 5. "The Ministry of Planning and Investment and the Ministry of Finance shall ensure funding for branches and localities to organize the implementation of this Directive. 6. The Minif;ters of Agriculture and Rural Development; Planning and Investment; Finance; Defense; Public Security; Labor, War Invalids and Social Affairs; as well as Natural Resources and Environment sha!I, according to their respective functions, work out plans and direct the provincial/ municipal People's Committees to implement this Directive. Prime Minister PHAN VAN KHA\