Law on Forest Protection and Development

THE STATE PRESIDENT ORDER No. 25/2004/LwCTN OF DECEMBER 14, 2004 ON LAW PROMULGATION THE PRESIDENT OF TH~ SOCIALIST BEPIJBLIC OF VIETNAM Purnwint to Arliclos 103 and l06 of /ho 199?. C'ot1sti/uti,m of /ho Suciillist nopuNic of Vietnarn, devolopmont. 1.vhic// was <1mondo1J :-ind s11pplom1;mtocl under Hesolutinn No. S'!/?00/iOf-.f 10 of /Jocornber 2h, ;;.·001 of t!w x 1n National AssornblV, tho 101h session; Pursuant toArlic/e 91 of the Law on (Jtyanization of the National Assombfv; Pursuant to Article 50 of the Lil w on Promulgation of Logal Docurnont::;, HEHEOY PROMULGATES: The Law on Forost Protection and Development, whid1 was passed by the Xl th National Assembly of tile Socialist Flepub/ic of Vietnam at its 0111 session on Decen,ber 3, 2004. President of the Socialist Republic of Vietnam TRAN DUC LUONG LAW ON FOREST PROTECTION AND DEVELOPMENT (No. 29/2004/0N ·1 1) Pursuantto the 1992 Constitution of the Socialist Republic of Viotnam, which was amendecl and supplemented under nosolution No. 51/2001/01-/10 otDecember 25, 2001 of the Xth Na tiona I A s.sornbly, the 10th sDssion; Thi:::: Uiw prov/dos for toro::;t protoction and GCNEflAL PHOVISIONS Article 1.- Flogulation SGOPO Thi'., Law provides for lho rnanag,HTHHlt, proloction, de voloprne n I and use of forests {hen: lna tlor rn fe rred collective /y to a1, forest protection and dovelopmen!); and forer;t ownorn' righls and ob!iontlons. A rtic/e 2. - App lica ti on subjects 1. This Law appliHs to State agencies, domestic organizations, households and individuals, overseas Vietnamese as well as foreign organizations and individuals involved in forest protection and development in Vfetnam. 2. In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions d\1leren1 from the provisions of this Law, the provisions of such international agreements shall apply. A1tic/e 3.- Tenn interpretation Jn lhis Law the fo!lowing terrns are construed as follows: ·1. Form;trnf•ians nn ecological system con.sistino of the population2, of forest fauna and !lora, lorost rnicro(Hganisrns, forestland and other onvirornnental factors, of whic/1 timber trees and bamboo of all ldnds or typical flora constitute tho major components wift1 the forest canopy cover of (U or more. F:orests include plantod forests and 11a1tir·a1 fcHFn,ts on production, protective and :,pecbl· usfl forestland. 1~,-overai.JU of /(nui;t canopy ovor forestland, whic/1 is indicnlod by tlw deci111c1l lu1ctinn of !he furcstla11d c0'1ornd by Ibo lomst C:i1.nopy to the furesl/;Jncl acreaue ;3 Forest dovelopment mo,mi, th,.1 plantation <:.,1' now fornsts, posh:xploilntion afforestation, tho zoning of/ for forest re9eneration and restoration, the imprownnent of poor lo rests and the appl\c-ation of other bio-forestrial techniques to increase forest areas, n1irw thn value of bio-divcrsity, tho forost product .. supp(ying capacity, the protocUon capacity and other va/UeB of forests 4. ForeM owners rnean orga.nizutions, households or individuals that are nssi9ned or \e,3sed torest~, or land for affornsta1ion and )1ave their forest use rights as well as the ownership ri9ht over plankld production forests recognized by the State; or that are transferred forests from other forest owners. 5. Ownership right over planted production forests means the forest owners' right to possess, use and dispose o1 trees, animals am\ property associated with planted forests, which have been invested by forest owners during the forest assignment or -lease \erms for afforestation accordin9 to 0-ie provisions of forest protection and development legislation and other relevant law provisions, 6, Forest use rights mean the forest owners' rights to nxpfoit thl:i utilities of, and enjoy yields as well as profits from, forests; to Jense tho forest use right via contracts accordance with the provisions of forest protection and development /(3Qislation and civil legislation. 7. F!egistration of fotest USfJ rights fl!Hi ,0 v,'11e;rsldp right over planted procJ11ction fonJsts means the rhqislration made by fo1Bst ownorf, in order to have such riqt·1ts rocogniz.ecl by compoterll H. nocopnitirm uf forosr use ricJ/it.', :uui ownership 11Jhl over pldnied p(odue/ion (orec,!s riwans tho cornpelent State agency reco9nin,:·:, ,':.Ut,h dghts by way 01 \rn;crih g tr1em in la.ncl usn riqht certfficntes 01 cadostral do~~s(ers in ordol' to f-Jstablish tho fore.st owners' riohts and obligations. D. Fon-1::il use r~9ht va/i;, ,, means lhe pecuniary va\\,io ot lorF1t~t use rig\,ts over f~ definite fornst !'IGreagrJ during a certain fomBt use term. 10. Vc1/uo of planted production forest moam: the pecuniary value of the ownorship right over a definite acreage of planted production forest. ~ 1. Forest price rnoans H1e money amount calculated on a forest acreage unit, either prescribed by the State or formulated in the process. of transactions on forest use rights or ownership right over planted production forests. 12. Forest use levy means the money amount payable by a forest owner for a certain forest acreage in cases where such owner ls as.signed forests by the State with collection of forest use levy. ·r 3. Village popufat;on community means all households and individuals living in tho same vi\\ane, hamlet or Eiquivalent unit. 14. Endangered, precious and rare forest plant and animaf species meB.n plant and animal sw-~cics of special econornic, scientific and environmenta( value, whic/l exist in small quantities in the nature or ,Ho t11roatened to extinction and which are on the lists of endangered, precious. and rare forest plant and animal species subject to management ;111J protection regime prescribed by the GovornrnonL 1!:i. Buffor zonG moans the formit amo, land H(ea or water .. surfncc l,'lnd aron bordorin9 on n spE,cial· use fore::;! that l1or. tl'ie effoct of provontino or red ucino tho r~ 11 cro a c ! 1me n t upon that s p~:cia! -1 J so forest 16. Strictly-protected zonos of specia/-l.1s(-) forests rnean the arcus subject \o intact ·, preservation, strict management nnd protection to oversee natural developments of Hie forests. 17. Ecological restoration zones of special-use forests rnean the areas subject to strict managemrHlt and protection for natural . rehabilitation and regrowth of forests. 18. Service-administrative zones of special-use forests mean the areas used for construction of workin9 offices and facilities for daily-life activities of special~use forest management boards, research and tesiing institutions, as well as tourism, recreation and entertainment 1acili1ies. 19. Forest products mean products exploited 1rom forests, covering forest plants and animals and other forest organisms. Forest products include timbers and non-timber products. 20. Forest statistics means the cad astral dossier-•based synthesization and assessment of the acreage and quality of assorted fornsls at the time of conductinri the statistical work and of forest changes at the interval between two statistical times. 21. Forest Inventory moans the cad,rntral dossie r-basecJ and fie Id synthesizatlon and assessment of the acreage, reserves and qw.:1lity of assorted forests at the time of inventory and of forest changes at the interval between two inventories. Article 4,- Forest classification Based on t~10ir major use purposes, forests ar,1 ,lass/tied into three following kinds: I. Protection forest'.;, which aro w;ed mainly 10 protect watfir sources and lnnd, prevont erosion and de8Ntification, rnslricl natural 0,) larnities and regulate c;lirnate, H1us contributing to r"nvi1ornnental protection, inclurJing: a/ Headwater protection forests; bl Wind- and sand-shielding protection forests; cl Protection forests for tide shielding and sea encroachment prevention; d/ Protection forests for environmental protection. 2. Special-use forests, which are used mainly for conservation of nature, specimens of the national forest ecosystems and forest biological gene sources; for scientific research; protection of historical and cultural relics as well as landscapes; 1n service of recreation and tourism in combina1\on with protection, contributing to environmental protection, including: al National parks; bl Nature conservation zones, including nature reserves and specles-habitat conservatlon zones; cl Landscape protection areas, including forests of historical or cultural relics as well as scenic landscapes: d/ Scientific research and experiment forests. 3. Production forests, whicl1 are usod mainly for production and trading of timber and non-timber fore:>;t products in combination with pro1ection, contributing to environmental protection, includlnn: a.I Natural procJuction forests; b/ Planted production forests; cl Seeding forests, including the selected and rocognizecl planted forests and natural forests. Article 5.~ Forest owners 1 . Tho protective /oms! or special-use forest 1 n01M\)1,1 nen\ tiumfls, wriich arr:: ;:w,;iq1 ,ed lNHH k: or land lly tho ,'3tatc for forez.:t dpvelopnwnt 2. Econornic: organin)tions which aro ast:iurwd or le,:1~H::d f orosh:; or land by 1~10 State 1or fore~;\ developmen! or which have their forest use rights and ownorship right ovm p!antod production fomsts recognized by the State or· which are transferred with such rights. 3. Domestic t1ousehokfo and inc1ivicfua!s that are assigned or leased forests or land by the Sta IE! for forest development or tl"iat havo their forest use rights and ownership right over planted production forests recognized by tho State or that are transferred with suGh rights. 4, People's armed force units which are assigned forests or land by the State for forest deve fopme nt. S. Organizations involved in forestry-related scientific research and technological development, training or vocational training, which are assigned forests or land by the State for forest development. 6. Overseas Vietnamese investing in Vietnam and assigned or leased forests or fand by the State for forest development. 7. Foreign or9anizalions and imli\/idua\s investing in Vietnarn and leased forests or land tiy tile Slate for forest development. Article 6.- The 8tate's rights over forests 1. The State uniformly manages and dhpose'.:, of natwal forests and forests developHd win1 tlw State's capital, forests being planted forests ovin which tt1e ownership r-ight !1as been transferred from tores! owners to tho State; forest wild c.1.nimafr,: forest microorganis1T1s; forest landscape~, and environment. iho fo1e:,h pre~:c1Hwd ln Cli11J';c, 1 of llli.<, /11!icle a,; fo!lows: a/ To doGido on /ore,;l use p111"po:-;es by approvin9 aml deeirJin9 on forE,s\ prn'wc\ion and dovoloprnont p/annin9s and plans; !J/ To stiµ1.1t1;1t0 forest asr,ignrnon! quolas ,:::md forest use terms; c/ To decide on fon-:Ht assignment, /ease and recovery ancl pmrnit the ctiange of lor0st use purposes; d/ To evaluate forests. 3. The Sta\e regu1atos forest benefit sources through the following financial po/ici<-)S: a/ To collect forest use levies and forest rents; bl To conect tax on forest use right transfer and transfer of the ownership right over planted production forests. 4. Ttie State renders forest use rights to forest owners in the forms of forest assignment, forest lease, recognltion of forest use rights or ownership right over planted production forests; and prescribes forests owners' righ1s and obligations, Article 7.~ Contents of State management over forest protection and developrncmt ·1. PrornuJgatin9, and orgnnizing the irnplomen•· tf\lion of, !egal documents on 1ore$t ptotoction and development. 2. Elaborating, ttnd organizing the irnplernen 1,ttion of, forestry devolopment strategic~, F.IS well a~: forest protection and development plannings and plans nationwide and in Hach locaH\y. J, Organizing :wrveys, doterrninalion i.lnd dr~limitation of boundaries of forests of all ldr1ds on rnnps and 011 field, dP.lai!0d to the administrative unite: of cornrnunei,, wards ancl towmd1ips. •I. C1Jnd11ctinq /Ne::! :, t(1 li s ticnl and inve11to1y work, n1011ito1 iWJ chan9es 111 form;1 n:iso1nc0::: and land tor forest dnvolopmo11t. !:i. As,,igninu, loasing and recoverino forr:n,l:,,, c:hangin£J forest us(➔ purposef;. fl, Compiling a11d nianaging docisiers on forent and land assignment and lease for forest development; organizing registration and recognllion of ownership right over p!anted production forests and forcDt use riuhts. 7. Granting and withdrawin(/ permits of all kinch, ,,i ccordinn to t11e provisions of forest protection and development legislation. 8. Organizing advanced scientific ancl technological research and application, international cooperative relations and human resource training for forest protection and development. 9. Disseminating and popularizing forest protection and development legislation. 10. Examining, inspecting a.nd handling violations of forest protection and development legislation. 11, Settling forest disputes. Article 8.~ State management responsibilities for forest protection and development 1. The Government exercises the unified State management over forest protection and development. 2. The Ministry of Agriculture and Rural Development takes responsibility before the Government for exorcising the State management ovflr forest protoction and development nationwitJe. 3. The Ministry of Natura! Re,wurces and Environment, tho Ministry of f~luhlic Security, the Ministry of Ddr~n~;n and !ho allier miniGtri0'.; 0:1 well as r ni11i::-;teria/- /cv(-J/ ,.19ond(·)r; ~./1a//, 'Ni thin the am/1/t of lheir tauks and pownriJ, havo to coorrlir1ato 'Nith ti 1e Minii;try uf /\g ricultu re and flu ral Dovnkiprmmt in oxercising the Stale management over fon:,st pro!ecUon and dcNolopmenf. 4. Tile People's Committees at all !nvels shall have to exercise the State managernent over forest protoction and development in thoir respective loca/itios according to their competence. The Government sha!I prescribe the organization, tasks and powers of specialized forestry agencies from central to district levels and of forestry officers in communes, wards and townships with forests. Article 9.· Forest protection and development principles ·1. Forest protection and development activities must ensure sustainable economic, social, environmental, defense and security development; be in line with the socio-economic development strategy and forestry development strategy; comply with the national and local forest protection and development plannings and plans; and comply with the forest rnanagement regulation issued by the Prime Minister, 2. To protect forests is the responsibility of all a~JO n c ie s, organizations, house ho Ids and individuals Forest protection and development 1i1ust ensure th~) principfes of munaging forests in a sustainable manner; combining forest p1otection and development witt1 r·ationa! exploitation so as to promote the efficiency of forest resources; closely combining afforestation, zoning off for forest \endinn, regennra\ion and endchmont with protection of the existing forest acrea.ge; combining fornstry with agriculture and fishery; boosting the econornic··lorest plantation in a.sc,ociation with dovclopm0nt of ih,i foreP,t--product processinq indunt1y with c1 view to raisi119 the valuo o/ fot(·.)St p1oducts. 3. Forost prott0ction and developrnrrnt mur;t bo in line with tho land-use plnnnin9s and plarw. The forest and land assignment, loase, recovery WK1 •.1se-purposn change mu,=,t comply with th~ provisions of this Law, the Land Law and otrier relevant I aw provision$, ensu ri n 9 -long -le rm stabi I ity along the direction of socialization of forestry. 4. To ensure the l1armony between the State's and forest owners' interests; between the econornic benefits of forests and the interests of protection, environmental protection and nature conservation; between the immediate and long.,term interests, ensuring that forestry practitioners can /Ive mainly on forestry. 5. Forest owners shall exercise their rights and perform their obligations in the forest•use terms according to the provisions of this Law and other law provisions, causing no harms to other forest owners' legitimate interests. Al1icfe 10.· State's policies on forest protection and development 1. The State adopts investment policies for forest protection and development in association and synchronism with other socio-economic policies, prioritizin[J investment in infrastructure construction, human resource development, sedentarization and settlement, stabilization and improvement of the fife of high-landers. 2. The State invests in activities of protecting and developing special-use forests, protection forests and national seeding forests; protecting and developing endangered, precious and rare forest plant and animal species; conducting scientific rHsearcll and application, technological deve\oprn0nt and hurnan resource training for fore:: t pro tt"ictio n nnd d evn!opnio nt; bu i id i ng a rnodorn sy:c:tem for for Eis! ma na9Hrt1l'mt, fo ro.st sta\"ist'1cs and ·inventory and fornn\-ro.:;ource chan~Je rnonitorin\J; building a specialized fmost fire-fighting forc:e; invoslin9 in rnateriul and technical foundations and provirJing equipment for forn:,t fire fighting, prevention and elimination of organisms harmful to forests. 3. The State adopts policies to support the protection and enrichment of production forests being poor natural forests and tbe plantation of production forests of big and precious timber as well as specialty trees~ to support infrastructure construction in raw material forests; to prornote forestry and support people in areas that meet with many difficulties in forest development, production organization, forest product processing and sale. 4. The State encourages organizations, households and individuals to receive land for forest development in the areas of uncultivated land and bare hills; prioritizes the development and plantation of raw material forests in service of various economic branches; diversifies forms of \and lease and biddlng for afforestation; adopts policies on tax reduction and exemption for forest planters as well as policies for credit institutions to lend capital for afforestation at preferential interest rates, with grace terms or lending terms suitable to plants of different species and ecological ct,aracteristics of each region. 5. The Stale adopts policies to develop forest product markets, to encoura~Je organizations, households and individuals of all economic sectors to invest in development of the forest product procetising industry and traditional craft villages that procnss forest products. G. Tllo State encourages insurance for planted forests And a numbHr of forestry produclion activities Article ti.- l-i11ancial sourcr,n, for fo10,:;t pmtection and development ·1. The State budget aflocations. 2. Flnanclal sources ol forest owners, organizations, hou.<;ehoJds and other individuals investing in forest protection and devoloprnont. 3. The forest protection and development funds which are formed from the sources of financial supports of domestic ornanizatlons, households and Individuals, foreign organizations and individuals as wnU as lnternatlona! organizations; contributions of domestic organizations, households and individuals as well as foreign organizations and individuals that exploit or use forests, process, purchase, sell, import and/or export forest products, benefit from forests or directly affect forests; and other revenue sources prescribed by law. The Government shall specify subjects and levels of contribution, cases entitled to contribution exemption or reduction as well as the management anrl tme of forest protection and development funds. Article 12.~ Prohibited acts 1. H!ega!Jy logging or exploiting forests. 2. Illegally hunting, shooting, catching, trapping, caging or slaughtering forest animals. 3. Illegally collecting specimens in forests. 4. mega \\y destroying forest resources or ecosystems. S. Violating regulations on forest 1ire prevr~nlion and fightf ng. G. \/iolatinn renulatiorw on prt::vention and olimination of orua11isn1s hannful to loH:t,ls. I. I I legally enr::machinc~ upon. appropriatiwJ, or chan9in9 use purposes of, forests. 8. II logally exploiting fo rost la ndt-;capos and environment as well as forestry services. 9. Illegally lra nsporting, processing, advertising, trading in, using, consuming, storing, exporting or lmport(ng forest plants and animats. 10. Abusing one's positions and/or powers to act against the regulations on forest management, protection and development. ·11. Gra.zing cattle in the striclly•-Prolected zones of special-use forests, newly-planted forests or coppices. 12. Raising or releasing animals or planting trees, which are of species other than the native ones in special-use forests without permission of competent S1ate agencies. 13. Illegally exploiting biological resources, mineral resou(ces and other natural resources; altering natural landscapes and developments of forests; exerting adverse impacts on the natural !ifo of forest wildlife; iJJega/Jy bringing toxic chemicals, explosives or inflammables into forests. 14. lllegally asslgnlng, leasing forests; exchanging, transferring, in ho riting, donating, mortgaging, providing guarantee or contributing capital with forest use right value or value of planted production forests. 15. Destroying works Jn service of forest prot0clio11 and development. 16. Other acti; of harming forest resources and e cos ystern s. Ciwptcr II Tl I [ STATE: 'S fitG Hrs HEGAnl)ING Fon FST Pnon::CTION AND DEVELOPMENT Section 1. FOFIEST PROTECTION ANO DEVELOPMENT PLANNINGS AND PLANS Articfr-J "13.••-Principles tor elaboration of forest protection ctnd devolopment p!annings and plans 1. Forest protection and development p!annings and plans must be compatible with the national and local overall socio-economic, defense and security devolopment p!annings and plans; the forestry development strategies, the land-use planninos and plans. Forest protection and development plannings and plans of all levels must ensure consistency and synchronism. 2. Forest protection and development plannings and plans must be elaborated in line with land-use plannings and plans. In cases where it is necessary to convert land under natural forests into land for other use purposes, new forest-planting plans shaft be required to ensure the sustainable development of forests in each locality and across the country. 3. !n ardor to raise their efficiency, feasibility and q uali ly, lores t pro toclion a net de ve!optrnrn t )/an nings and plans must ensure tho thrifty, sustainable and efficient exploitation and use of forest resources; the proteGtion of forest ecosysfoms, l1istorical and cultural relics as well as scenic placos and landscapes; and the buildinu of infrastructure and development of human resources. 4. The elaboration of forest protection and veveloprnont plannings and plans rmn;t ensure \ornocracy and publicity. 5. Fomst pro!oclion nnd chwoloµmnnt pion~; inw.;t l:w compatible with forrH,l pro1ection nnd lie vulop mo n ! p Ianni n9 ~, al ff} c1dy app 1·ovncl and dnciclecl by compct1.inl :::;1ate wNncies. fl. l~ornst protection and (Jevelopment planninos and plans must be elnhornted and approved or decided by competent State agencies in the final yt'iar of th(, preu;cJing planning or plan period. Article 14.- 13ases /or elaboration of forest prot(;)ction and development plannings and plans 1. The elaboration of forest protection and development plannings must be based on the following: a/ The socio-economic, defense and security development strategies and overall plannings, and the forestry development strategies; bl The land-use plannings of the whole country and of each locality; cl The results of implementation of forest protection and development plannings in the preceding period; di The natural, living and socio-economic conditions as well as financial capabililies; el The current status and forecasts on the demand for, and capabilities of using, forests and land for afforestation, of organizations, house holds and individuuls. 2. The elaboration of forest protection and development plans must be based on the following: al The tores! protection and d0velopment µlannings already approved by competent Slate aqencies; bl The land-use plans; cl The results of imp lo me nta tion of forest protection and development plam, in the preceding period; d/Thr:1 natu1·nf, livinq, :;ocio--economic conditioni, and f ina1ici,:1I capabilities; 1-1/ The dnnicmd for, arid cnpnbililio~; ol 1win!-J, forest:, and land tor nlfornstnliun, o/ ornani;u1tiom;, household,-:; and individuab. Atticlc 15.·· Conlorrts of /01est protoction nnd development plannings and plans ·i. The contents of forost protection and dnve/opm0nt plannings cover: a/ Study, synthesis nncJ analyc;is of natural, soc/o~ei::onomic, defense and security conditions, land-use pfannings and current status of forest resources; irnpl0n1e n ta tion ol to r·uDt proteGtio n and devHloprnu11t plans; d/ lmplnrnonto.tio11 of Uw /ive-y1'JOr and annual )orust protection and doveklplllt-ml plans. Artfr;fe l6.-- Fornst prot,,ction and dove/oprnent plDnning and plan periods 1. Forest protection and dew)lopment planning c:1nd plan periods must correspond to the socio economic, defense and security development slralegy and plannlng periods of the whole country and of each locality. 2. A forest protection and devo!oprnent planning b/ Assossrnent of tho situation on period shall be 10 years. implementation of forest protection and d£weloprnent p/annings in th0 preceding period, and forecast of demands for forests and forest products; c/ Orientations and objectives of forest protection, development and use in each planning period; d/ The area and distribution of assorted forests in the planning period; el Measures for management, protection, use and development of assorted forests; fl Solutions to irnplernentation of forest protection and development p\ann gs; g/ Forecast of tile efficiency of forest protection and development plannings. 2. The contents of forest protection and developmimt plans cover: a/ Analysis implementation anc! assessment of the of forest protection and 3. A forest protection and development plan period shall be five years and each plan shall be concretized into annual forest protection and development plans. Article 17.- Responsibilities for elaboration of forest protection and development plannings and plans ·1. The Ministry of Agriculture and Rural Development shall organize the elaboration of national forest protection and development plannings and plans. 2. The provincial/municipal People's Committees shall organize tbe elaboration of forest protection and development plannin9s and plans of their localities. 3, The People's Committees of rural clistricts, urban districts, provincial towns and cities shall orgctnize the elaboration of forest protection and development plans in the preceding period; developrnenl planninn.s and plans of their b/ Demands for c1ssorled forest areas as well respective localities. a . .., for forestry products and :,ervices: 4. The no rn mu ne/w a rd/township People's c/ Solutions to, pm9rmm; and projuctf, on, tho Cornrnitlr1w, sha)) organize the elaboration of forost protection and devf1loprnent p/onninw: and plans .submitted t:iy the Minister of /\9riculture and Flural of ihoir rei,,pcetive localitie:, under the guidance of \")f}Vtdopmont; tlVl immediate superior People's Corrnnitlees. 1)/ The F'eop/e's Cominittoes of ull levels shall Article ·/ 8.~ Cornpetence to approv<➔ and decide on forest protection and development planninqs and plans, and decide on the establishment of forests 1, The competence to approve forest protection and deve loprnent pl an n/ n rJ s is prescribed as follows: a/ The Prime Minister shall approve national forest protection and development pfannings, submitted by the Minister of Agriculture and Rural Development; bl The presidents of the provincial/municipal People's Committees shall approve forest protection and development plannings of their respective provinces or centrally-run cities, after getting the written evaluation opinions of the Ministry of Agriculture and Rural Development and the approval by the People's Councils of the same level; cf The provincial/municipal People's Committees shall approve forest protection and development plannings of the People's Committees of rural districts, urben districts, provincial towns or cities; d/ The People's Comrnittees of rural districts, urban districts, provincial towns or cities shall approve forest protection and development plannings of commune/ward/township People's Committees. 2. The competence to approve and decide on forest protection and development plans ii;; prescribed as follows: a/The Prime Minister shall approve the national plans on forest protoctfon and development, elaborate forest protection and dHveloprnent plans of their rot,pective localities and .submit them to the People's Councils of the siune level for decision. 3. The competence to decide on the establishment of forests is preBcribed as follows: a/ The Primo Minister shaH decide on the establishment of protection forests and special-use forests, which are of national or inter-provincial importance and submitted by the Minister of Agriculture and F~ural Development; bl The presidents of provincial/municipal People's Committees shaH decide on the establishment of protection forests, special-use forests and production forests in their localities according to the approved forest protection and development plannings. Article 19.~ Adjustment of forest protection and development plannings and plans, establishment of forests 1 . The adjustment of forest protection and development ptannings and plans must be based on the following: a/ The adjustment, if any, of socio--economic development, defense or security targets or adjustment of land-use plannings and plans by competent State agencies, which affects forest protection and development plannings and plans; b/ The adjustment, if any, of forest protection a11d development plannings and plans by the immediate superior authorities, which affects forest protection and development plannings and plans; cl The urgent requirements for performance of :::ocio"economic, defense or Hecurity tmiks. 2. Tt1fJ State agoncioB wf1ich are competent to .1pprove or dec:idn on forost proleclion and d0Nelop1rn:nt plannirny, and plans shall also bo cornpotent to adjust such planninfJS nnu plans. ~3. nw contents of adjustrrnrnt of forest protection and development plannings shall constitulR part of sudi plannin9'.J. The contents of adjustment of forest protection and development plans shall constitute part of such plans. 4. The State agency wt1ich is competent to decide on the establishment of a fomst shall also be competent to adjust the establishment of sud1 forest. Attic/e 20.- Publicization of fornst protection and development p!armings and plans Within 30 days after they are approved by competent State agencies, forest protection and development p!annings and plans must be publicized according to the following stipulations: 1. The People's Committees at all levels shall have to publiclze forest protection and development plannings and plans of their respective localities; 2. Forest protection and development p!annings and plans shall be publicized at the People's Committees' offices throughout their effective period. Article 21.- Implementation of forest protection and development plannings and plans 1. The Ministry of Agriculture and Hural Development shall organize and direct 1110 implementation of national forest protection and development plannings and plans; inspect and eva I uate the i mp!e me nta lion of p rovi ncial/m u n icipa I forest protection and cJeve!opment plannings and plans. The People's Committees of provinces and Gl',ntrally-run citios, rural and urban districts, provincial !owni;; and ni!ie-'> :,hall Ol'(Ftnize and direct the i mplernen tation of fmt::i~;t protection and developtnenl ptanninqs and µlanD of their rospective localities; i 11,;pect and twal uate the implninentation of fornst protection and development planning::, and plam, of the immediate subordinato.s. The commune/ward/township People's Committees sh al I or~Janize and direct ttw implementation of forest protection and development plannings and plans of their respective localities. 2. FOi' forest and afforestation land areas stated in the pub/lcized local fores! protection and development plannings and plans, which must be recovered but have not yet recovered by the State, the forest owners may continue using them for the purposes which have already been determined before the publicization of forest protection and development plannings and plans. ln cases where forest owners have no demand for further use, the State shall recover forests or afforestation land and pay compensations or supports according to law provisions. After three years, if a forest protection and development plan cannot be implemented, the State agency competent to approve that plan must cancel it, adjust thD planning and make public announcement thareon. 3. The competent agencies defined in Clause I of this Article shal! inspect and evaluate the results of implementation of forest protection and development plannings and plans once every three years and overy year, respectively. Section 2. FOREST ASSIGNMENT, LEASE AND RECOVERY, CHANGE OF FOREST USE PURPOSES Article 22,~ Pr·inciplf-JS for forest assinnment, loww and recovery and channe of forest use ·1 . The w,:.,;iqnrnent, !oas~1 fH id recovn,y o( forc'.;\l"; as well au thr" d1anu0 of fomst use purpose:, n1ust /Jc effected by the riot1t cornpotenl authorities, 2, The torn,,! assignment, lease or recovery or tho chango of forest use purposes must be effected simultaneously with the land assignment, lease or recovery or chan90 of land usE~ purposes or grant of land~uso right certificates. :3, The forest assignment or lease terrns and lirnits must correspond to the land assignment or lease terms and limits proscribed by land legislation. Article 23.- Bases for forest assignrnenl and lease and forest use-purpose change The forest assignment and lease as well as tores! use-purpose change must be based on the following: 1. The forest protection and development plannings and plans already approved and decided by competent S\a\e agencies; 2. The forest fund, the land fund for production forests, protection forests and speciaf--u$e forests; 3. The demands and capacities of organizations, households and individuals, as mff ected in the investment proiects or the applications for !and or forest assignment, land or forest lease, land- or forest-use purpose change. Article 24,- Assignment of forests ·1 . The State shall assign special-use forests without the collection ot forest use levies t() special use forest rnanagernent boards, scientific rosm:m:h and technological development inBti!utions mid forestry-training ;;tnd vocational training establishnwnts for specinl-use fowst nwnagornent, prolection and developrnenl ar:cordinq to t!rn approvect and decided planninus and plr:111!J 2. The t3tate shall nssign protection foreuts without ttie collection of fonlst use levio s to protective forest management boards, economic organizations, people's annEJd force units, tiouseholds and individuals living therein for management, proteGtion and development a.Gcording to the plannings nnd plans approved and decided in accordance with protective~forest fi:lnd assignmonl undHr the provisions of the Land Law. 3. The assignment of production forests ls proscribed as fa/tows; a/ The State shall assign natural production forests and planted production forests without tile collection of forest use levles to households and individuals living therein and directly involved in forestrial labor ln line with the assignrnent of land for production forest development according to the provisions of the Land Law; to economic organizations for production of forest plant sapflngs; to people's armed force units for use in combination with defense and security tasks; and to protective forest management boards in cases where production forests are intermingled with protection forests already assigned to them; b/ Tt1e State shall assign natural production forests or planted production forests with the collection of forest use levies to econornic organizations; c/ The State 8hall assign planted production forosts wiU1 the collE)ction of forest use levies to overseas Vietnamese who invest in Vietnam for execution of forestry investment projects according to law provisions on investment; d/ Tho Government shall prescribe in detail the as~;ignment of prorJuc;tion fmec::.,ts. 1. Tlw ~:;intn :,hall lea:;e protection fom::!s lo er,onomic u1qanlz.alions wlth tho annual r·ent payment, for fornst protuction and development in combination with forestry-aoriculturaHisllfcHY production, landscare !JUsi1rn~::s, convaloscence and/or eco··envimnmental tourism. 2. The State shall )ease special-use forests being landscape protection zones to economic organizations with the annual rent payment, for forest protoc1ion and development in cotnbination with lancfocape business, conva/oscence and/or eco-en vironm1:1ntal tourism. 3. The State shall lease production forests to dornes1ic economic organizations, households and individuals with the annual rent payment, for forestry production, tor combined forestry agricu ltu ral••fishery production, landscape business, convalescence and/or eco environrnenta/ tourism. 4. The State shall lease planted production forests to overseas Vietnamese, foreign organizations and individuals with the Jump-sum rent payment for the whole lease term or with 1he annual rent payment, for execution of forestry investment projects according to the provisions at investment leg is la tio n, for combined forestry<· a g ricultu ra!-tisl1rHy prnd uction, land scape business, convalo!lCfH1ce arid/or eco environrnental tourism. Tho Government shall prnscribu the lease of natural forests to ov,nseas Vietnamese, fore/on o rganiza lions and individuals Article 26.- Recovery of forests 1. Thr:J State shnll recover forests in the followi119 cases: a/ Th(i State usos forei.,ts and affores1otion land or defen~.e. security purpcwes or nationril intore!:;1s; h/ The Stalu ncech In w,r,i /ornsts and afforeB1a1ion land for puh!ic intcrw,ts or economic developn,ent undE1r the approved pkinnin9s and plans; c/ The organizations asdr.1110d lores\s by lhr) State without the collection of forest use levJe,; or with the conec1ion ot forest use levies of the Slate budget origin or with the c:lnnual rent payment am disso!ve,d, go bankrupt, move to other pl:Jees, reduce or no longer have the forest use demand; d/ Forest owners return forests on their own wiH; el Forests are assigned or leased by the State for definite terms that have nxpired without extension; fl For twelve consecutive months after being assigned or leased protection forests, special~use forests or production forests for forest protection and development, forest owners fail to conduct forest protection and development activities; g/ For twenty four consecutive months after being assigned or leased land tor forest development, forest owners fail to conduct forest developrnent activities according to plannings and plans already approved by competent State agencies; hi Forest owners use forests for wrong purposes, intentionally not fulfilling their obligations toward the State or seriously violating law provisions on forest protection and development; i/ r::orests are as:,igned or leased ultra virE,s or to the wrong subjects; j/ Forest ownem am individuals who die wlthout heirs as prescritiecl by !aw. 2. When U,e Stnt0 recovers the ontiro or pmt of their forest:;, forest owners sllal! be compensated for their lalJor· fruils, invostmont 1·osulls or recovered property, exG,:c:pt tor Ga.sos prescribed in Clause 3 nf thi0 Article Tl\':'! compo11sation 1.1pon fo,Hst recovery by the by tho Goven1m~:lnt. State :,hall take Hie form of assi9nrnent or lm:we o/ other forests tor tll0 sarne use purpose; assignrnonl of land for the plantation of new forests; compensation in kind or ca:3h a\ the t\rne ot issuaric:- of forest recovery decisions, In cases where forests are recovered from forest owners directly engaged in production according to the provisions of Points a and b, Clause 1 of this Artie le but no forests are available for compensation, apart from compensations in kind or cash, the persons having recovered forests shall also enjoy t~1e State's supports for lite stabi!izalion, training for job change. 3. The following cases shall not he entitled to compensation upon forest recovery by the State: a/ Cases specified at Points f, g, h, i and j, Clause 1 of this Article; b/ Forests are assigned or leased by the State with the investment capital originating from the State budget, including forest use levies, proceeds from the transfer of forest use rights, proceeds from the transfor o~ the ownership right over planted production forests; and money invested for forest protection and development Attic/e 27.- Change of fornst use purposes 1 . The change of t!ie use purposes of protection forests, special-use forests or production forests to other use purposes and the conversion of the use purpose of a !<ind of forest to that of another kind of forest must accord with the approved forest protection and development plannings and plans and be permitted by t11e competent State agencies dc--lfined in Clause 2, Article 28 of this Law. 2. The changEi of n1e use purpose of natural forests lo anoth(~r use purpose must be basod on the conversion criteria and conditions prtH:cribed ArUcle 2lJ ... Cornpetenco to a<,si9n, lom~o and rncover forests, and chang() forest use purp1x,es 1. The competencr::, to assign, lease and recover forosts is prescribed as follows: al The provinclaf/municipat People's Commltlees shall decide on assignment and lease of forests to domestic organizations and overseas Vietnamese; anc! lease of forests to foreign organizations and individuals; b/ The People's Committees of rural and urban districts, provincial towns and cities shall decide on assignment and !ease of forests to households and dividual.s; cl The competent People's Committees that assign or lease forests shall also be competent to recover such forests. 2. The competence to change the forest use purposes is prescribed as follows: al The Prfme Minister shall decide to change the use purposes of 1he entire or part o1 'iorests he/ she has established; b/ The presidents of p rovi n cial/m u n icipa I People's Cornmlttees shall decide to change the use purposes of the entire or part of forests they have established. Section 3, ASSIGNMENT OF FORESTS TO VILLAGE POPULATION COMMUNITIES; RIGH1"S AND OBLIGATIONS OF VILLAGE POPULATION COMMUNITIES WITH ASSIGNED FORESTS Article 29,· Assignment of forests to villane popula t·ron com rn unities ! . The conditions fol' assignment of forests to viHaqo popu \ion comrnuni1\es are prescriber) ns follow:;. al Tlw vi!laqe population coinnHmitins hnvo lhe san1e customs, praclictcs and tradition:3 of ch.Y)8 community a,,sociation with forests in thoi1· production, llto, culture and !Jolie!; are capable of rn ~in~19 i nu lc11·ests; have demand and file applications for forest assignment; bl The assignment of forests to village population cornmuniUes must be in l e with the approved lores I protection and development plannings anct plans; and match the capacity of tho local forest funds. 2. Vll!age population communities shall l>e assigned the following forests: al Forests which they are managing or using efficiently; bl Forests which hold water sources in direct service of the communities or other common communal interests and cannot be assigned to organizations, households or individuals. cl Forests which lie in the areas adjoining villages, communes or districts and cannot assigned to organizations, households or individuals and must be assigned to village population communities tor the sake of the communal interests. 3. Tho competence to assign forests to and recover forests from village population communities is prescribed as follows: a/ The People's Committees of rural or urban cr)t'npe!r-n1ce lo 10covn1 /or1rnls from vHl~1qe r,0p1.1lation cornmunilie::; accor•dinu to the provisiur1D of ~"oints a, b, d, r,i, f, hand i, Clau~,c ·1, Arti<.:i(i 2G of this Law or when such cornrnunities move to othor places. Article 30,• nights and obligations of vi/Iago population communities with assigned forests ·1. Village population communities wilh assigned forosts shall have the following rigl·1ts: a/ To have the forest use riohts recognized by competent State bodies for st21b/e and long term corresponding to tile 1orest assignment terrn; bl To exploit and use forest products and other forest yields for public purposes and domestic use for community members; to conduct combined forest1y-agricultural-fishery production according to this Law's provisions and forest management regulation; cl To enjoy their labor fruits and investment results from the assigned forest areas; d/ To be provided with technical guidance and capital supports according to the State's policies for forest protection and development and benefit from forest protection and improvement works; el ·ro be compensated for their labor fruits and inv\-rntrnont re:,ults for forest protection and development according to the provisions of this Law and other relevant law provisions when the State issues forest recovery decisions. districts, provincial towns or cities sha!!, basinfJ 2. Village population communities with assigned themselves on the approved forest protection and forests shall have the fol/owin[J obligations: development p\annings and plans as well as the al To formulate forest protection and rrovisions of Clauses 1 and ?. of this Article, docide dovHlopme nt ru 10s compatible with this L.aw's on forest assignment to village popu la ti on provisions and other relevant law provisions, submit communities; them to the People's Committees of rural or urban bl The Peoplo's Cornrnittoes ol rural or· urban districts, provincial towns or cites tor approval and districts, provincial towns or citie.'3 shall havo the or~Janiw tho implementation thereof; hi T•! o f(Ft n L, e fo w ;;t p, o ! c ,.:ti on ,UHi dovolopn1r::n!, pe,iodicai/y mport ki con1po!ent t,tate aw:rnck1 '.• ; on cha ng(:S of foros I i W,OUl Cfli; ,rnd activities n,,/ated lo fem.nils undor· tho quicl.::tnce of c;ornmu r 1u/ward/towr1ship f.'oople 's Comrnittoes; c/ Tu fulfill financial obligations nnd oth(n obligations under law provisions; d/ To return forests when the Statn issues fon;;st rocovery docisions or upon the ond of lho forest ass19nrne-n\ term; e/ Not to divide forests arnong \he\r members; not lo convert, transfer, donate, lease, mortrJaqe, provide guarantee or contributo business capital with, the value of the use rights over the assigned forests. Section 4. REGISTRATION OF FOREST USE RIGHTS, OWNERSHIP RIGHT OVER PLANTED PRODUCTION FORESTS; FOREST STATISTICS AND INVENTORY, MONITORING OF FOREST RESOURCE DEVELOPMENTS 1. n1e lorncd ,,;t;.1h..:din:~ nnd invf1n1ory nnd I nonilo1inu Of knesl rer:o 11r1::c deve/up1no11[c, d li:c' p1o~;cribed at: lollov,•:.;: arn1e l011:n,t statiHtica/ work s/'iaJI IJe conducted annually 3.nd pub\k:\zo-d in tile lin-:1 quartm of the su/J~,r:iquent yt:,ar; b/ The forest inventory shall be conducted ono;:, 1wory five years and publicized in the sr1concl quarter of the subsequent year; cl The monitoring of fornt 1t r·esourco dovelopment.s shnU be conducted rngu!ar/y; d/ The units subject to fornst sU--1\istics a.nd inventory as well as monitoring of forest resource cJevo/opments are communes, wards and townships. 2, The responsibilities for forest statistics and inventory as well as monitoring of forest resource developments are prescribed as follows: a/ Forest owners shat! have to make forest statistics and lnventory and monitor forest resource developments under the guidance of, and submit to the inspection by, specialized forestry agencies Article 31.- Registration of forest use rights and of tho provinces and centrally-run cities, if they are ownership righ\ over planted production forests dcimes\ic organizations, overseas Vletnarnese, 1. Forest owners mav register forest use rights and ownership right ovtH planted production forests 2. The 1irsHimo regislralion and registration of changes in forest lWe right~; rm1~1t be conducted simultaneously with the lond use right renistration according to the provisions of land leuislation and forest protection and c!eveloprrn-int lo9isla/ion. 3. The 1·0gistmtion of own0 rship ri9ht ovor planted production forests shall comply with tho civil legislation's prnvis\ons on properly n::9istration. Articfo 32,~ Forest statisticH and invento1y, rnonillning of forest ro.'-.owco devolopmonls foreign orwmizations or indiv(dua(s investing in Vietnam; or specialized forestry agencies of urbnn districts, rural districts, provincial towns or citios, if t/wy arn dorm~stic housic)/lolds or individuals; b/ Forest owners shall liave to declare data of fore.st statistics and inv0ntory as we\\ as forest resource developments according to the forrns set by cornrnune/ward/township Pnople's Committees; c/ The commune/ward/township People':, Comrnlttees shall have to declare forest statistical and inventory data for forest areas under \lieir direct rnanaw~rnent, whidi have not yet boen as:;igned or leaned; cl/ The F'ooplo's Cornrnittoes a! al/ loVE)ls tl1all have to Oi\F11lizc and inspect forest ~{1ati;:.;tici.; and 1vontory d!J •Nell a.,, lhe 1nonitu1inq of 1orr-!.':I } sou rc;r\ de v1.+.:1pmo II I::,, el The Pou pie\; Cornmitteei, of lower level shall ave to report on !/w rei,ult~, of /ore[,1 statistic,:; ancl 1ventory .,rnd forciif rmwurce developments to tlw 8ople\; Comrnittoes of higher levol; the provincial/ 1unicipa/ Peoplo's Committees shall report on tt-ie :suits of forost sta1istics and inventory and forest J~;otnce dovelopments to the Ministry of griculture and HLm'l! Of,velopment; t/ The Ministry of Agriculture and Flural evefopment f,hal! assume tho prirne responsibility r, and coordinate with tile Ministry of Natural clsources and [::nvironrnont in, inspeGting and ·nther,izing the annual forest statistical results and ·e~year forf1st inventory results. g/ The Government shall periodically report to 9 National Assembly on the status and c!1anges forest resources. 3. The Ministry of Agriculture and Rural welopment shall assume the prime responsibility ', and coordinate with the Ministry of Natural isources and Environment and the Central 1tistical Agency in, prescribing the contents and ms· and ·guiding the rnothods of forest statistics d inventory as wen as monitoring of forest ,ou rec developments. Section !.i. FOREST PRICES Article 33.M Forest pricc1s 1. The c!otennini:Hion and pub/icization of forest ;2.S are prescrlbGd as follows: a/ The Government sl1al/ prescribe principles 1 methods for determination of prices of forests ilf kinds; l ~-; Based on the Governrnent-prnscribod ,'-.if p1As anti methods for dotonninatlnn of p1"ict;s 0rw;ts of aH l<irHli,, f/11:,, provincinlin1u11icipu/ Peopki\, Committee~: ',hall 1A~t : ;pocific pricot, of toro~',\~, in \heir loc,)litief;, submit \hem lo tile Poopl,/s Councils of iho sarno level for approval beloro decision and publidzation. 2. r:·orest pricc-1; :;hall be formulated in tho fol!uwin[J cases: a/ They are prescribed by the provincia I/ municipal People's Committees; bi They are the rmJults of auction of forest use rights or ownership riqht over planted production forests; c/ They are agreed upon by forest owners and rolevant persons when exercising the right to lrnnsfor, \ease, sublease, mortgage or contribute capita/ with the value of forest uso rights or value of planted production torests. 3. Forest prices prescribed by the provincial/ municipal People's Committees shall be used as basis for: a/ Calculation of land use levies and land rents when the State assigns or leases forests without going through auctions of forest use rights or ownership right over planted production forests; b/ Calculation of assorted taxes, charges and foos according to ,aw provisions; c/ Ca!cu(ation of the forest use right va\u,3 when the State assi911s forests witt1out U1e collection of fores\ m,e \ev\es; d/ Compensation when the State recovers forests; cl Calculation of compensation rnonGy payable by persons committing acts of vio!atin9 the le(!islation on forest protect/on and developmont, causing harms to the Sla1e, Article 34.,. Auction of forest use rights and 1Jwnernhip right over planti)d r,roduction forests 1·1ulit Uv(-:1° pla1i!ud prndl1d1u11 /or2'.,ls -'d1i.1II 111, C(J/ldLtctud in t11e iollowini-1 cc:i ::,c,s: a/ I IK; :: ;\i-tti- , a::;:.,\gn0 fr1rush, with It 1c cull!-1ctir,n oJ lure1°;/ u~1e• levies or IErn.s1~ tmests to,· fom~:t proteclion nr1d doveloprnent: tJ1 For tl1e harir!lirig of ptopelly llei11n /1m;~:ls upon judgment execution; (J/ r:.:or ttie handling of contracts on rnortnage of, or nuarnnte0 provif;ion with, forosl use righ~ vnlue OJ' VE1lue of planted production forest;; for· debt recovery; d/ Other cases prescribed by tho Gownnrnent. 2. ThfJ wini 1ing prices of auctions of forest use rights and ownership right over planted production forests must not be lower than the forest prices prescr\bed by the provlncial/muniGipal People's Cornmi1tees. 3. The auction of forest use rights and ownership right over planted production forests prescribed in Clause 1 of this Article must comply with the provisions of the auction legislation. Article 35.~ Value of forest use rights, value of planted production forests in the assets of organizations assigned forests by the S1ate wi\hou1 tho collection of forost use levies, nnd in tho assets of State enterprises 1. For organizations which are cwsigned forests by the Slate without tho collection of forest uso levies, tho value of forest wie rlgt1ts and the vallw of planted production forests sh.:.t!l be accounted into the value of 0ssets assirined to such organ(z:ations. 2. For State enterpristJS which tire ai;signed forests by t110 St;,to with tho collection of forest use levies or transferred with forest use ri~JhtG and have paid the forest use lovif'<s or forest transfer money oriuin,:1tin9 from Hw State budge'!, rn1d1 mon{-;y , u11(iurrb; ·,dta!t !v: irn;ludwl in U1e vallKi o( th;:•. Stale 1;,-tpil:.11 ot tl10 ,,,11te1pn:;c:; ::i. Upon t/1u equiliz<dku1 o1 State enlmprises in !he cw,ef; p1·ec;crit,od in Clause ? of thi~; A1licle, if tl1e- equiHv,d en\erpricJo:~ op\ for the form of a:;~;ignrnmit of forests wi!h lhe co/loction of fmest use levif)s, the value of /oms! use rights and tho value of µ/1:1nled prod11ction forests must be re ds-1tennifl8d. 4 n,e- Covm mnenl shall pref;c:ribe in detail !he calculation of the lornst use ri9ht value and tho value of phrnled production forests in lhe caseu defined in Clau~os 1, 2 and 3 of this Artiole. Chapter Ill FOREST PROTECTION Section 1. RESPONSIBILITIES FOR FOREST PROTECT/ON Article 36.- Forest protection responsibilities of the entire reople "I. State agencies, organizations, village ropu/ation communities, households and individuals shall have to protect forests and strictly abide by forest protection regulations undm the provisions of this Law, the legislation on fire prnvention and fighting, I/le legislation on plant proteGtion and quarantine, the legislation on W)!erinnry and other· relevant law provisions. 2. Organizations, households and individuals Optfraling in or by the forests shall have to observe the forest protection regulations; promptly notify competent State bodies or fores! owners of forest fire,s, oroanisms harmful to forests and acts of violating ths:i renulations on forest management and protection; and submit to human resource and me~1M IT1ollili;(ation by competent Stntn bodies i11 Artfcft:-, ;J '/.-- r· ores1 protection n:!spor nibi!i !le.": of forest ov,i:-1v:·-'., 1. F,:ire:,; I uwnr,1·.s ha1."" lo protect their fore:,,ts; WOl'k out and irnplonwnl pbm, and measures tu protec1 forest ecosystems; prevnnt and tiqht formit loyginf;; proven t and fight the illegal l1untin9, catchino 0.nd happing of forest animals; provent ;;ind fight forest fire,;: prnvent and eliminate fon:-,sts' harmful organLsms undor the provisions of this Low, tho land le9islation, U11:-, l1~gislation on fire prevention and fightin9, tlw k-:;9islation on plant protection and quarantine, the leqislation on veterinary c1ncJ other relevant law proviGions. 2. Forest owners that fail to abide by the provisions of Clause ·J of this Article, causing loss of forests assigned or /eased by the State shall be held responsible therefor according to la.w p rov·1si ons. Article 38.~ Forest protection responsibilities of tho People's Committees at all levels nolw(•rk-i, rnobili;,e ,mrJ co(ndinate trw;es to previ:mt ,di UGIS that CilWJO hann,; to forests in lnCi.i/itic,s: e/ I rrnµer.:t and examinfi tho obse I vance of foros ! protection nnd ciovelopmcnt logisla1ion in localilios; and ;,anction adminis!rntive violations in the cJornai11 of lor{-)t,t rnanagernent and pI·otection according to lavv provisions. ?. The People's Committees of rural districts, urban dbtricts, provincial towns or cities shall have lo: a/ Guicle nnd direct tho implementation of the Stote's !c1ws, policies and reg)rnes on forest management, protection and exploitation within their respec:five localities; b/ Diroc1 and organize the lorest protectlon and development legislation dissemination, popu!ar1zaHon and educatiorr, cl Direct commune/ward/township People's Committees in applying measures for forest protection and forest-product exploitation according lo /aw provisions; d/ Mobilize and coordinate forces in localities in order to prevent all acts that cause harms to forests 1. The ))rovincia\/rnunicipal People's to prevent and fight lorost fires and prevent Cornmitteos shall have !o; u/ Prornulgc1.t0 legal r.locurnents falling Within tht~ir competence on rnanagemen\ and protectkm of fmest.s in localities; bl Organize Hie forest proteGlion and de velopme➔ n t lcgi sln lion d ii}tH,mination, po;'iy/a riznlion ancJ educc1 lion; e,( Organil.c and -.:lirect (ores{ fire preven\\on and righting, prevention and olirnination of or9anisrnc, harrnful to forests in localitioi,: direct and oxan-1ine lhc protection of spocial-use fornsts and protection fom::,Ls; and or9anize forest exploitation acconJinq ,o the Goveniment'B J"C\Julaliom,; organisms harmful to forests; el lnspcct and examine the observance of laws, po!icios and regimes on forest managnment arid protection in loca!i\ies; and sanction adrn btrnth•e violations in tho domain of forest management and protection accordinu to law provisions, 3. Tl10 commune/ward/township People's Com1ni1\oor, : ~hal\ havo to: cJ./ Guide and direct the implementation of the Sl'atr-J':s li-.1w:;;, policies and regimGs on forest rnaria9e nwnl, prolc:c!ion and exploitation in their respnctive localities; bl Direct vmanes, l1c11nlol~: and equiv;:1lent unilt, in fonnulntiWJ and ob·.,urving nlle::; cm fcH(0 :c::t protec!ion and dovoloprnent 111 loc,alitie:c; in acc:or,lnnce 1Nith bw µrovhions; c/ Coordinate. with ranqor, police, rnilita1y fore(-)S and ma.s:: 01-ganiallions in protecting forests in loc,i lilies; detect and proven! in tirm1 act:, !/wt encroach upon or destroy forest;; di Organize the forest protection legislation dbserninalion and educ£1tion; guide people to apply measures on firn prevention nnd fighting, and mobilize fire-fighting forces in localities; o/ Orwmize forest 111ana9Hment and protection and adopt plnns to be submitted to higher•-level People's Commlltees lor putl g in use tho~ie fores\ areas which have not yet been assignEJd or leased by the Stale; fl Guido people in implementing forest protection and development plannings and plans, combining forestry~agricuJtural and fishery production, mi/pa farming, sedentarization, intensive farming, crop rotation and pasturing according to the approved forest protection and development plannings and plans; g/ Inspect the observance of laws, policies and regimes on forest management and protection by organiza.tions, househo!ds, individuals and rural population comrnunitios in localities; and sanction administrative violations in lhfl domain of forest managemen1 ant1 protec1ion accordinn lo law provisions. 4. The presidents o{ !ower--levet People's Committees shall be answerable to the fJl"esidents of l1igher--levol People's Cornrnittnes and the presidents of provincial/municipal People's Committees shall be answerable to tho Prime Minister·, for the occurrence of forest destruction and forest fires in tlloir respoctivo localities, Article :39,w Ministr"1ec-l' and tninislnrial-lev!:,) awmcim,' 1·e!;pom,ibilities for fornst protection f Ttw Mini,;tr'j of ,1\qdculture and Hura1 Urovolopment !;;l1al/ /rn ve to a:,surn0 the prime.., resprnv;ibHitv to i, c d C(J01\Jina it1 wiih the oH"\m ministries and tTli'ni;;;te rial -levo I agencies iri, directing tho prnvincial/municipal People's Cornniittees to ensure the cornplianco with forest protection regulations accordin~J to the provision~, of this Lsw; organizing the forocasting of loms1 fire danger; and buildin~J a forest fim prevention and fitJhting specialized force. 2. The Ministry of Public Security shall haw, lo coordinate witt1 the Ministry of Agriculture and Flural Development in directing the provincia//m1mic1pa/ People's Committees in forest fire prevention and fighting accordin~l to ttw provisions of forest fire prevention and fighting legislation and this Law; prevention of and figtit against violations of the forest protection and development legislation. 3. The Ministry of Defense shall have to coordinate with the Minishy of Agriculture and Rural Development in directing the provincial/municipal People's Committees to protect forests in border and island areas as wolf as key defense and security areas; mobilizing forces to participate in tores\ tire tig\1ting, rescue and salvage; and participating in the prevention of and fioht against violations of th0 forest protection and development logisfation. 4, T/ie Ministry of Cu/lul'e and Information shall have to coordinate with tho Ministry of A9riculture and Rural Development /n dirocting tho provincial/ municipal f::ieople's Corrimittees to organize the management and protection of spocial•use forer;ts related to cultural relics. G. The Minifllry of Naturn! Hesources and Environment shall have to coordi.nat.tJ with th'-'! M"rnistry of Agrlcullum and Flural Development in direct in q the prov inc i a I/ rn u n iG i pr!/ P eop I e' ,;; Cornrnil!eu',; lo i'H9ar1i/o the rnana901n0n1 arid protedion ro/ /Jiodivernity nnd /om:,! 01wi1unrnen1 G. The other rn!rdstries und min if\ terinl • love! agencies sh-a((, within 1t·,e ambit o( th(iir task,::\ and powem, havn to coordinate with the Ministry ot Agriculture and Hural Development in protectin(J forests. SiJCtion 2, CONTENTS OF FOJ?£ST PROTECTION Article 40,~ Protection of fores\ ecosys1ems 1. AU production and business ac1ivitios or ot/wr activities that r.lirect!y affect forest ecosystems as weH as the growth ancl development of fore$t N-gan\snm mus\ comply w\\h \he provis'1ons of tnis Law, the environmental protection !egislafion, the plant protection and a,uaranUne leg(s(ation, the veterinary legislation and other relevant law provisions, 2. All activities of building, alteration or dismantlement ot works that affect forest ecosystems as wefl as the growth and development of forest organisms must be accompanied with the assessment of environmental irnpc1cts according to the provisions of environmental protection and commence only when they are porrni!led by competent State agencies. Artie/<:,.• 4.,. ~ Protection of forest plants and animals ·1. Tho exploi1ation of fores\ plants must comply with the forest management regulation issuNl by 1he Pr\me Minister as well as forest exploitation procmisos and regulations promufuatcd by the Ministry o-f Agriculture and r-~ura\ Doveloprnen\. 2 .. The hu11Hnn, catchino, trappin!J and cagin9 of forest animals rnu~,t bo perrnitted tJy cornpotent ~31at1, l1odic,; and cornply witl1 l,1•N provic,ions on wildlife commrvation. 3. nie ondanwned, p1eciou5 and rare forest plant and nnirn, 1.! ~\poGiet;; and their gene f,ource~; 1m1:.,t be managed and prot0cled under spacial regimes. Tho Governrnont sr,al! prescribe regimes for rnanagement and protection of endangered, precious and rare forest plant and animal species and lists of endeni;iered, pmc1ous and rare forest plant and anirnal species. Hie Ministry of Agriculture and Rural Developrnent shall prescribe 1/ie exploitation of forest plants, hunting of forest animals, tools and means b1:1.nned or restricted from use; species, minimum sizes of forest plan1 and animal species and seasons allowed for exploltation and hunting; and areas where forest exploitation is banned. Article 42.- Forest fire prevention and fighting 1. 111 concentrated and fire-prone forests, forest owners must adopt p\ans on fores~ fae preven1\on and fighting; when planting new concentrated forests, they must design and bui!d firebreak boundaries, canals, watchtowers, signboards and information systHnlS accot'dlng to law provisions on fire prevention and fi9t1ting; and submit to tho guidance as well ,is inspection by cornpetont State bodies. 2. !n case of being permitted lo build a fire in or close to forests to clear off J1il!s or fields to prepare land for a1iorestation, or \o build a fire before lhe dry season or to LJSe flarno in daily-life activities, \he persons building fires rrnmt apply fire prevention and fighting measwcs. ~l Or91:111izations, housohofds and individuals \hut tmild or conduct activilies on works crossinq forests ~,uch ns n:iilway1,, mads, power- trnnsrnission llrnn ;,1, , wel\ a,1 eco..\<)1.1rbl 2<ctivit\(-:,: ; and nl\wr ctctivitiu:, in IJr by forn~;ts mwit abide by n,ouhlion,, on fore:;1 tire prr:von1ion and fighlinir and comply with lhe forest lire prevention a11u fightin9 rn0asurc1:: ; set by cornpotent State bodio~; and forest owners. 4. In case of outbreak of fore.st fire8, forost owners must promptly nxtinguish tlie firos and immcdiotely rnport them to competent State bodi~,s; if necessary, !ht~ People's Committees of a/I levels shall have tho responsibility and competence to mobilize all necessary forces and moan.s in /ocalitios, and coo(dinato vm(ous forces in onfor to extinouish forest fires in n tirnely and efficient manner In castis where a forest fire breaks out in a vast area, threatening to cause disaster and entailing the emergency state, the forest fire fighting must comply with the law provlsions on emergency. The Government shall prescribe in detail the forest fire prevention and fighting and overcoming of forest fire consequences. Article 43.- Prevention and elimination of organisms harmful to forests 1. The prevention and elimination of organisms tmrmful to forests must comply with the µrovisions on plant prot(1ctlon and q1..iarantino !e9islation as well as veterinary legislation. 2. Forest owners must take mei?lsums to prevent and eliminate organisms harrntul to forests; w1·1en detecting such or~1an isms in Uie forest areas assigned or leased to thorn, they must immediately notify such to the nearest pla.nt or animal pmtectlon and quarantino agencios for guidance and support in prevention and elimination mem,ures. ori Jr-rnhrnr; hanntul to fore.st:.; ,-1ccr)rc!inq lo lhe pmvi:,ions of thi'., I.aw as 1vr,II tis ti 1e lcqir,lcdinn ori p\unt protection awl qunrrn11.inu arid Joqislalion on ve le r•inary. 3. The a.gonr;ios in charge~ of plant and ,lnimal proti'1dion and quarantine shall havo to organize lhH forecastin9 of omanisms harmful lo forests; guide and support f Ol'e3t ownern in taking measuros to pmvent and e:1liminate such Nganisms; organize the prev, rntion and elirnination of organisrn8 hil1rnful to forn~,ts in case of their potential spread. 4. The State encourages the application of bio forestry and biological measures to the prevr:rntion and elirnimition of organisms harmful to forests. Article 44.- Trading, transportation, export, import, temporary import for re••export, temporary export for re-import and transit of forest plants and animals 1. The trading and transportation of forest plants and animals as well as their products must comp!y with laws. 2. The export, import, temporary import for re export, temporary export for re-import and transit of forest plants and animals and their pmduGts must cornply with t/10 provisions of Vietnamese law and in to rnc:1 !Iona I ag reo rn en ts which Vie tn a rn lws signed OI" ,:icceded to. .:l- The importation of for-est plant varieties and animal breeds must cornp!y with the provisions of lire !ogislation on biodivorsity conservation, legislc:ition on plant protection and quarantine, le~Jis/ation on vote rinary, legislation on plant varieties and l09islation on animal breed~,. The Government ~lliall pm.scribe ancl Fornst ownern shall lake responsib\\ity 1or \he prornu\oate \he li:::;ts of !orost plnnt:o and animals sproad of c➔ picloniic.':i hannful to form,ts if they fail perrnitted fcJI' import; forns1 plant~ and animal:, to lake meaS\!l'e,:; 1o prevent und o!iminale ln1innd lr,m1 uxpod (J/' ~;ubjnd to conditio1w/ 0-xpor-t Clwpter fV FOHEST DEVELOPMENT AND USE sc,:tion '. PHOTECTION FORESTS Article 45.- Principles for protective fornst development ancl use 1. He adwater protection forests must be built into concentratecl, inter-regional and multi-layer forests. 2. Protection forests tor wind, sand or Ude shielding, sea encroachment prevention or environmental protection must be built into fornst belts suitable to the natural conditions of each region. 3. The combination of forestry-ag ricu!tural f i she ry production, landscape business, convalescence, eco-environmental tourism and forest-product as well as other forest benefit exploitation must comply with the forest management regulations. Article 46.- Organization of management of protection forests "I. Concentrated headwater protection forests covering an area of 5,000 hectares or more or of under 5,000 hectares but having important protection function, or imporiant coastal preventive forests must have management boards. The protective forest management boards are non-business organizations set up by competent State bodies according to the forest management regulations. 2. Protection forests not prE-iscribed in Clause 1 of this Article shall be assigned or leased by the State to economic organizations, armed force units, households or individuals in localities for management, protection and use. Article ,J 7.- [xploita lion of Jore~, t products in pmtection fomsts ·1. In natural µrntoction forer;ts, it is allowed to exploit dead or disE?ased trees, tre(-)S standing in thn a mas with a density 1-iigher than that prescribnc! in the fornst management regulation, except for endangered, precious and rare fores1 plant species banned from exploitation according to the Government's stipulations on the regime of management and protection of endangered, precious and rare plant and animal species and the lists of such plant and animal species. 2. The exploitation of non-tirnbe r fore st products in natural protection forests is prescribed as follows: a/ It is allowed to exploit bamboo shoots, assorted bamboo in protection forests when the protection requirements are met according to the forest management regulations; b/ It is allowed to exploit non-timber forest products without affecting the protection capacity of forests, except for endangered, precious and rare forest plant and animal species banned from exploitation according to the Government's stipulations on the regime of management and protection of endangered, precious and rare forest plant and animal species and the /fsts of such forest plant and animal species. 3. The exploitation of planted protection forests is prescribed as follows: a/ It is allowed to exploit sL1pportive trees, trim or prune forests when the planted 'forests have a density higher than that prescribed in the forest management regulations; b/ JI is allowed to exploit the major trees when ttmy reach the exploitation standards by mode of selective harvest or clear-cut harvest in given forest strips or forest arens. c/ /di er cx:ploit,1 I io 11, lore:,:! owrwr'.l 11111,, I r-cqener:it(; or ruplant forc,<;h right in thr: ::,uhi,nquo11t allorc:·,laliori :,easo11 and continue managir1u ,ind pmt<-icting ihorn. 4 The oxp!oitation o/ forest products in p1otection forosts must cornply with the forest management regulation, strictly complying with H-ie tuchnicnl 1xocot;ses and n:igulatiuns of tho MiniHtry of Agriculture and Hum.I DeVtJlopnwn l, Eni.~;urin9 tile fc:t.1stainahle protection capacity of forests. Article ,U}.- Mana~wmenl and use ot production forests and land intermingled in protection forest::; 1. With re91-ud to pr-eduction fore.st areas interrningled in proter:t/on forests, forest owners arc entitled manage and use them according to the production-forest provisions of Section 3, Chapter IV at thls Law. 2. WW, regard to househokis' and individuals' residential land, land plantHd with annual crops or perennial trees, rand for aquaculture or salt making, which is intermingled in protection forests not falling under Ille protective forest plannings, the concerned households and individuals may continue trning such land for the right assigned purpose~, according to the provisions ot land legic)latiOJl. Sl•ction 2. SPECIAJ .. "USE FOF?ESTS Article 49.- Principl~;s for rJeveloprnent and urw of spocia/-use forests 1. The cJevo/oprnent and usf) of Sf.JEJCial-wio fcnests must ensure the natural deveiopnie nt, com,ervn biodivernlty and landscape of such fores ls. 2. National oard0ns and natun:) consNwJtion zones n1u.0:;t be clearly defined with strictly·· prnleclod zo11c-:G, ncoloqir;al l('i!Horation lUtHY:;, .:t /\II Elclivitin'.,; in ::,poci,il--w;i: forests rrn.1Dt he p(·Hfnilled by fmo:~t owrw1·.c; and cornply with the forest mariaqement rrJ9ulatiom1 Artlcfr1 !JO,- Organization of rnanagen11rnt of special-use forests I. Speciah1so forF,sts beino national gardens or tH.1.lurs:~ conservaUon zon(:s must h-..,vo rnanagernent boarcfr;. Tho special-use forest rrn:rna ne rn 0 n t boa rd s a. 1·H non• bu '.l i ness organizatiom; set up by competent State bodier;. 2. For special"use forests being landscnpe protection areas, cumpetenl State bodies shall set up management boards; case of not se1\ing up management boards, they shall lease forests to economic organizations for (andscape business, conva.lescence or eco-environmental tourism under the forest COVN. 3. Special·•use forests being scientific research or experiment forests shall be assigned 10 forestry scientific rusearch and technological development, training and vocational training organizations for direct management. Article 51.-- Exp/oi tation of forest product:; in landscape protection areas and service administrntive zonos of national uardens and nature con~wrvation zones The exploitctliun of forest products rnust comply with ttie forest rnana9ement regufations, not badly affect the objectives of forent conservation and forest landscape protection, and comply with tho following stipulations: I. It is allowed to exploit dead or tel! trees, non timbtH forest plan ts, except for endangcrncl, precious and rnro forest plant spt1cies banned fro in cxploiln tion ,•1 ccordin9 lo tho Govorn nm n !'0 ,o;/'•pu!ntinm, nn li1e 1riq1mn of f"rlilrlcHJC:fmJII! ,1r1d protecrion nf .. ,tvl,lt1\1ured, pmciot!i, c11\d Fi.re lti11.>.,\ plilnt and u111n1al f;p!ic:1ns arid tile; list:; of cndm19<:red. pn)ciOuf; and rare !mot;! plnnt and : ima\ ~~pecit,r;; 2. Thf:i huntinp, calching and trnpplnfJ of fur~~:! animals are not allowed. Artic/1:) 5;!.~ Scientific r8search, toac)11nq ,incl p ra cticin fJ n c Ii vi tire, s in ,;pe cin 1-· Use fores ts ·1. Thu ~i{Jl')Cial-w~e fomsl rnanaoement boards are allowed to conduct scientific research activities and provide scientific research servic08 accordino to the plons already apprnvocl by compotent Stat<~ aoencies and report on the r0su/ts of their activities lo the superior management agencies, 2. The scientific research, teac~1ing and practicing activities of scientific research institutions, training establishments, scientists, pupils and students in the country must comply with the fo!!owing stipu\a.tioM: a/ Having plans for such activities in specia! use forests, approved by their management boards; bl Observing the forest rules and wbmitling to tt\e guidance and inspect\on by lhc spocin) .. usfJ forest manage nwn! boards; obso rv1'no the provision,, of legislation on :,;cicnce itnd technolooy, lcg\s\a\ion on forest protoclion and devoloprnent, ieK)islation on biodiversity, logislation on plant ·1oriotic~,, logislct!ion on animal breed,, and othor ·elevant letw provisions; c/ Notifying ttm rnsu\\s of their aclivitios lo the ·:pecial-use forest management bo[1rds. :l Scientific r"\':Search activitii:!S of foreiqn .scientific i(:'.·,narch instituliom;, scit~nti~.;ts and studor1ts n1w~t 1 ,om ply w Hh the f ollnwinn 1,iipulc1\ io r 1 ~.: a/ H,w(nq p!rm~; on ac1ivil\<0:c>, in ~,ped,.1\--u,10 ; >ii!',~1D, rq:;rHovc,d by con1pelc11t '.,!ole n1y>ncie: ; :u1rJ ;11,c(,'(,rJ(cd hy ti I(: '.s/J(idcl I U:.iC I, :i;·r .,; t !"rtilnrl(Jf'ffl{;(l/ hiatck·, hi Uk,(•rvinq \ho p1ov1~;iorn ut I·•oinb b and c, Ckll.L';o 2 of lhb /\J"ticlf.,. 4. The collection of ,':pccirnen~; of ton-is t orqanisrrn, in spfJGial~uso forests mus! comply with the tore5\ management regulations. Article 53 ... Combined activities of !anclscape b w; i nu c~s, conval ef,Ce nee and eco--envi ro n rn en la l tourism in speci..il·W,r➔ forests 1. The organization of landsGape business-cum convalcsr;once and eco-(Jnvirnnmenta/ tourlsm acUvilies in special--use lomsts rnust be effected undor projor;ts ratified by r.,ompetent State agencies. 2. Activities prescribed in Clause 1 of this Artk:(e must comply with the forest management regulations, forest protection rules, tourism legislation, legislation on cultural heritage, l09islatfon on environmental protection and other relevant law provisions. Article 54.~ Stabilization of lite of population livino in special-use forests and buffer zones of speciaJ-uso forests 1. II is forbidd(-H1 to roloc;ate population from other ruens to :,ettln in -c,pecia/-use forests. ?. Specia) .. uso forest ma11agenient bormls nu.1st olabo1olo projeG!.S on popu!ation reloc~1tion and rnsnttlomont and submit them to con\p0tent State aooncio:-, for rillification so as to re!ocatn population from slriclly--protectod zonoi:; of special-use forests. 3. With ror,ard to strict!y-protor:ted zones wt,ere con(lilions do not permit the rnloca\ion of popula ti(Jn, llw n pnr:ial -uso forest rnanaqornn r1 t bonrd::; :'J/l,J II d i,si9 r1 special-use fo re:,H, to r ,19:1ni1Dtiun:, rJr individual$ on tho bas\s o! sbort !c n 11 p;u;i,.;1\/0 1;,.n1trnch !or /(>1 r.,,;t protcctim 1 iJ. h!r ocoloniccll ri:Jstoration ;'.orws, the special u:;u toru:-;t ma11anonH.m! hoards :;hall nssi9n ::ipecii:11-u:;e forests to loud llouselioldr; and individual;-; on the bash; of package contracts for proil';ction and devoloprnont. 5. With regard to bu/for zones of special-w,c forests, thr. People's Committees ot an levels shall assign or leaso forests ot such buffer· zones to organi;:ations, howmholds or individuals for use according to the forest mana.gement regulations. Section 3. PRODUCTION FORESTS Article 55.- Principles for development and use of production forests 1. Production forests shalt be assigned or leased by the State to organizations, households and/or individuals of all economic sectors, that fully meet the conditions prescribed in Clause 3, Article 24, Clauses 3 and 4, Article 25 of this Law in order to supply forest products, combine production and business. along the direction of intensive forestry agricuftu ral-fistie ry farming, and combine landscape business, convalescence and eCO·· enviromnentn! tourism. 2. lhe oxploitat\on and use oi production !orests must ensure the maintenance of forest area, development of forest reserves and quality ctnd comply with the forest management regulations. :3. Forest owners must make plans lo plant forests in produc\\on forest land areas where forests are not available yet, combining forestry agricultural-fishery production; and take measures to zone off tor forest tending, regeneration ,Jncl enrichment aricJ raising of the fo1·f'JSts' economic efficiency Arlfch.! 5rJ.·· Natural production fore,,ls I. The oruanizatio11 of rnannqerrmnt of natural production /omsb is prei;cribed rw follows: a/ PmduGtion forests beinn concontratod natural fornsts shaU be assiiJnec! or (fJasod by the State to econ o 111 ic <H9 an i z a !ions for production and business; b/ Production forests being scattered natura( fornfits other than those prescribed at Point a of this Gia use shall be assigned or /oa.sed by the State to organizations, households or individuals tor protection, development, production and business. 2. The conditions for production and business with natural production forests are prescribed as followr,: al The natural production forest owners have been recognized by competent State bodies; bl Forest owners being organizations must have dossiers approved by competent State bodies, which comprise investment projects and forest managemen1, protection and production as well as business plans; the forest exp!oitation must comply with the forest•regulating schemes already approved by State management agencies in charge of forest protect/on and development; cl Forest owners being households or individuals must have forest managoment, protection and production a$ well as business plans worked out under the guidance of commune/ward/ township People's Committees or rangers, which must bo approved by tho presidents of the People's Corn mlttoes of rural d\strlcts, urban d1&trlcls, provincial towns or cities; di It is allowed to exploit only timber and plants of other kinds of natural production forests, except for endangered, precious and rare plant species banned. from exploitation according to the Uovommeqt's stipulations on tho regime of rniHiariomont and protection of endangered, \Hodow, and rare frnei;t plant and t1n1ma! qv--,cie'.,, ;ind thf, lbts of -~,uci·1 /llre:,t plant and animal specie! ';. 3. The proc1-,du1·w, fo1· exploitation of timtwr and plants of other kindi, of natural production fore9ts are prescr·ibed as follows: a./ ForesH1xp!o1ting organizations must ha\le exploitation desinn dossiers suitable to the fore:,t regulati11g sd1ernes or forest production and business plans or schemes, approved by the provincial/rra1nicipal People's Comrnitteo presidents; bl Foro:,t-exploitin9 households and individuals mut1t file applications and report to the commune People's Committees for sum-up reports to the People's Committees of rural districts, urban districts, provincial towns or cities /or approval. 4. The exploitation of forests must comply with the forest management regulations as we!! as technical processes and rules on forest protection and development; after exploitation, the organization o11orest protection, nurturing and enrichment till the subsequent exploitation period is required. Article 57.~ Planted production forests 1. Owners of planted production forests must work out plans to nurture, tend, plant and protect such forests, cornbinini:J forestry--agriculture•forestry, landscape business, convalescence and eco environmental tourism tl·1erein in accordance with the forest proteGtion and development planning of each reuion and with the form,! rnanaoernent rGfl u la tions. 2. The exploitation of planted f oms ts shall comply with the following stipulations: a/ tn cases where foreGt owners invest their own money in planting, tending, nurturing and proteclin~J fornsts, they shr.11/ be entitled to decide on ttrn r,xp/oitctlion of plantod fornsts by themselves, Proc./uct~ oxpic)itod frnrn plnnlod frm)t;ls by fornst <:w1n1,1·s may be h'eely circu\0\ed on \he m-arket H planted fore,,t trees are prncio1rn nnd rare timber tro~,r;, tho exploitation H1eri,1of rmrnt comply with the Covernmenl's mgulalions; tJ/ In cases where forests are planted with the State budget capital, forest owners must compile exploitation dostJiers and submit thern to agencies competnnt to ratify capita! sources for decision, Products exploited from planted forests by forest owners may be freely circulated on the market. If planted forest trees are pmcious and rare timber \rees, the exploitation thereof must comply with the Government's moulations; c/ Forests must be replanted right after exploitation or natural regrowth measures must be applied in the exploitation process. Article .58.- Seeding forests The Ministry of Agriculture and Rural Development and the provincia!/municipa\ specialized forestry agencies shall have to plan and direct the formation of a system of national and regional seeding forests in order to select, crossbreed, multiply and import necessary varieties, ensuring the supply of quality varieties for afforestation. The sn\ection and recognition of seeding forests as well as the production and trading of forest tiaplings must comply with tbe law provisions on plant varielies. Chapter V RIGHTS ANO OBLIGATIONS OF FOnEST OWNERS Section 1. GENERAL PROVISIONS ON THE RIGHTS AND OBUGATIONS OF FOREST OWNERS ltrllcle 59.- Cornrnon riqhh1 of fnrest owner:, 1 . \I) ht1 v c, ll ,ei I torm>t u•;r1 r19l I h ,tnd (I I'! riq/ 1 l 1u u:Je pin nlnd r1ruduction lurn::;tr; 1·e1:ounizwJ l.11/ t';(m11:,rilcn\ Stnki aw,11cins. ,xm·e.s11, ,11di11q lo the foror;t ,u,~;iqr1rnen ( or !08;:;f1 tNrn ns well as the land w:;:,iqnmunt or 1(-wse tern1 3. To combine lorustry-u~Jricul!uraHisr1ery production according to Ille ioriast n 18.naomnont rn9uln!ion,;, except for ,,pecia/-use forests. 4. To onjoy !heir labor fruik, and investment result; on the assigned or leasod areas; to sell such fruits and re!'.u/ts to others. S. To cornbino sdentiHc research, \ands.cape businos'.3, convalescence and cco-environmental tourism according to projects rJ-t(fiecl by compett~nt State bodies. 6. To be compensated for their labor fruits and investment results for forest protection and development according to the provislons of this Law and other relevant Jaw provisions when the State issues decisions to recover forests. 7. To be provided with technical guidanco and capital supports according to the State's policies on fores! protection and development and bonofit from tho public works of forest protoction and irnprovernent. fl. To have their legitirnate rights and interest1-1 related to tt1e asrdqnod or leased foror.;ts protected hy Hl[·) !:::late. Articlo 60., Cornmun obligations of foru~,t owners 1. To conserve forest funds and dovolop forest'. , in a srn:lainab\e manner; to use lorni:;ts for ihu riqht pu1posei:, 1.vitt•1in tho lv:ilmdaries dnfinud in t/11-) forE,i,d as,.--,\gnrw:n\ ur kH,,,,c, dccir,\ons and 0cccH di1 i/J \ti ti 10 fo,-w.,t 111,,Hrnqcn1(int rer1ulntiunrJ /. Ir) nr·u:tlJi/e fu:, . .''.:d prntec,lk1i1 anrl 1hwe/, l)IUJe n I ;-ic1:1il'd1 t 1( J ;,:, Ii ,1c, ;1 pp I 'J\1>:-;d pi,.urn inly:, /Jlctn~,, prov-ich ,1111./ ,.,d,;'rr1,n. :J. Tu pnriudic,tlly n;,pQrt to compi:itent St,l\(! bodic-,, 011 /01ost resource d1;1volopnie11ts nnd a ctiv itit1 s I e lalf~ d lo frn e i; t, a.cco rdiniJ to lh c provisions of Clau.se ?., Articlo 32 of this Law. 4. To relun1 frnests to the Slate whon the latter i;:,sues decisions to recover forest}, or when the tornnl--ww terms expire. S. To fulfill finnncial oblinalions ancl olher ohligalions acco,dinn 10 /aw provisions. 6. To obs,1rve the ).)H.1v\sio1is ol this Law and other law provisions; no1 to cause harrns to !egitimat,-i inte1"0sts of relevant organizations and individuals. Section 2. RIGHTS AND OBLIGATIONS OF FOREST OWNERS Bl=ING MANAGEMENT BOARDS OF SPECIALwUSE FORESTS OR PROTfiCTION FORESTS· AJtic/e 61,w Flights and obligations of special use forest mana9ernent boards ·\. To hnvc lho rinhts and obligc,\\ons pn,13cr\bed in Articles 69 and 60 of this Law. 2. To l)e assiuned forestc, under packa90 con trn c ls acco rdi niJ to fo rost pro le ctio n ,.ind d~,veloprnont p/nns nlrnady approved by competent S!ati-) IJocliot; and tho Cov(:lfnmon!'s regulations. :l. To leas(i forest landscapes lo economic organizations for commercial eco·environrnental tourism under projeclB alreac.Jy rutified /Jy compote11t f.ilate /:Jodi es. ,1. To conduct or c-oopemt,;;i with or9n.ni:zations nnd ;,c;ienli'.',t:c; in conductinq ,;cifn1li!ic rnsemch .cH:cn rdir·1q to pl,u 1~~ already c.1 ppmvud by (.>J1np,itent 5. Tu organi1u inkm1al1onal coopemlivu uctivilk:i, wi\hin the mnbi\ ot \heir hrnk, and powers. 6. To f 01 n1ula te, and organize tlio imp Ion ira nta tion of, fo1\,st p1·ot1;iction rule::;, 7. To f,laborate and submit to competent State bodies for opproval forest rnanagornent, protection and developrnon\ scherrws and implerr10nt the approvod I,d1emes. Jl rtic/e 62. - H\9h ts and ob\\gaUons ot protuctive forest rnanagernont boords 1. To haw~ the rights and obligations prescribed in Articles 59 and 60 o1 this Law. 2. lo exploit forest products in protection forests according 1o the provisions of Article 4 7 of th\s Law. 3. To exploit forest products according to the provisions of Clause 2, Article 55, Points b and d of Clause 2, Point a of Clause 3 and Clause 4 of Article 56, Clause 2 of Article 57 of this Law on the production fores\ areat, intermingled in the protection forests assigned to them. Section :1. RIGI-/TS AND OBLIGATIONS OF FOREST OWNERS BF.ING ECONOMIC ORGANIZATIONS Article 63.- flighls and obligations of economic o,ganizationt, tH;i,i9ned production forests b,~ing seedinn forests by the Stak1 wllhout tho collection of forest use levies i. To have the rights and obligations prescribed in Articles 59 and 60 of this Law. 2. To seJ/ products of t;eeding /orosts and tore~,1 sap I ings acco rdi no to the forest rnanilqo rne nt ronula.Hom1. cnpitF1I vvith, the vnl110 nf produ,:tior1 fo1ust~: plantod with thoir own capital. rt. Not to convert, tr-ans!'ec dorK-1lo m lea8,J foresh, or· fmo st use ri9 h t.s; not to mo d9au1~, provide uuarantee or contribute capital with, thH value of tho riqht to use na1ura\ production forests or prnduc\\on forests planted with capital of the Slate budget origin. 5. Pie production and tradin9 of faros! saplings rnut,t comply with the legif;lalion on plant varieti0;; as well as logi~dation on fotosl protection and dove/opniont Article 64.- flights and obH9afions of economic organizations assigned production forests by the State with \hn collection o1 forest use levies or transferred with production forests 1. ln cases where 1he paid forest use levies or forest transfer money amounts originate from the State budget, forest owners shall have the following rights and obligations: a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law. b/To enjoy the added value of forests; to exploit forest products in production forests accordinrJ to tr1e provisions of C!fJUse 2, Artic;lo 55, Points band d of Clause 2, Point a of Clauso 3 and Clause 4 of Arliclo !:,6, Clause 2. of Artic;lo 57 of this Law; c/ To leo.:.H➔ forests lo organizations, household~, or individuals for r;ornbined forestry•-ag dcultu ral·· fishery . production, landscape business, convalenconce, eco--envirnnrnen1al tourism mid ,;cientific research according to tho forest 1nanan en1e n t mg u la Ii o ns, cl/ Not to convert, trarn;fer or donate tt·m rights lo W,f: or own planted production fornsts; o/ To n1ortgaqe, provide guarnntee or contribute cnpi\;:il with, only the adr.k,d valuo ot fornst u;;e ri9l1ts, h/OUfJht nbout by tho forest ownern' inv,:slrnenli, w, r,;11rn1x1n"Id to !hat va/uo deterrnined nt tho timo oi fore!,;\ :g;';ignrnont. ?. In cuses whf::!r'O the paid fr.l1·est t1s0 levirn, or forest transfer n,onoy amount~, have not ori9inalod from the State budget, fmest ownr:rs shall hovo t/18 following 1ights and oblirptions: a/ To liave the rights and obligatlons prescrlbed in Articles 59 and 00 of this Law; bl To enjoy the added va.luo of forests; to exploit fomst products in production lomsts ac;cordin9 to the provisions of Clause 2, Article 55, Points band d of Clause 2, Point a of C(nuse 3 and Clause 4 of Article 56, Clause 2 of Article 57 of U1is Law; c/To transfer forest use rights ancl lhH ownership right over planted production forests; to mortgage, provide guarantee or contribute capital with, the va(ue of forest use r1ghts and value of pla.nted production forests; d/To lease forests to organizations, households or individuals for combined forestry-agricu/tural fishe ry production, landscape business, convalescence, eco-environmental tourism and investment in scien1ific research according to the forest management regulations. Article 65.- Rights and obUge.tions of econornic organizations assi(Jned protection forests by the State i. To havo the rights and obligations prescribed in Articles 59 and GO of n1is Law. 2. To exploit forest products in protection forests accorc!ing lo tbe provisions of Article 47 of this Law. 3. Not to convert, transfer, donate or lease the rights to use protection forests assigned by the State. At1ic/e 66.- F-{igll1s and obli9ations of economic organiZE1trons leased produGlion forests by !he Sta to 1. To t1Hvo the riqhts nnd obliuations r:iiw,crit:iud in l\riic!ns 5SI and 60 of t/11:; Law. ;>. To exploit lor'i':sl pmclt1cl:':; in prnduction forosh::: accordinq to lhc, pmvisions (I/ Clause 2, Article Ei5, Points b and r! or Clause 2, Polnt a of Clatm(~ 3 and C!ause 4 of Nlicle 56, Clause 2 of Arti<;le 57 of this Law. .3. To own trees, nnirnals and property ast,ociatec/ with t~1c planted forests investod by forest owners themselves during the lease term. 4. To mortgage, provide puarantee or contribute capita! with, only the added value o-f forest use right1, brougl1t about by fOl"est owners' investments as compared to the forest use righ1 value detNminedat H1.o time of being leased with forests according to law provisions. Article 61.- flights and obligations of economic organizations leased protection forests or special use forests being landscape protection areas by the State 1. To have the rlgh1s and obligations prescribed in Articles 59 and 60 of this Law. 2. To exploit forest products ln leased protection forests according to the provisions of Article 47 of this Law. T To exploit forest products in special"ut,e forests being landscape protection areas according to the provisions of Article 5-1 of this Law. Article 68.- Rights ancl obligations of econornic organizations assJ9riecl or leased afforei;tation land by the State ·\. Economic organizations assigned land by the f3t;:::1te to plant production forestG or protection forests with nor-i. State bud~Jet capital shall have the following rights and obligatiom1: n/ To haw~ thn righlf; nnd obli9a.1iorr.s pi'cu,:;ribed in Articles fii:J and 00 of !his l..aw: b/ To own forest trees, animal.'., and properly on Hw land rAan~ed Vl'Hh 1or:vsis; c/ To eip!o1t forest products according to the provisiom, o{ Clause 3 and Claus(! 4 of Article 47 and Clause 2 of Article 57 of this Law; d/ To transfer, lease or donate land use righ1s; to mortgage, provide guarantee or contribute capital with, \and use r\9htt according to the provisions of !and legislation; el To transfer, donate, lease or donate the value of planted production forests; fl To join domestic organizatfons, households or indivlduals as well as overseas Vietnamese by contributing capital with the value of planted production forests. 2. Economic organizations !eased land by the State to plant production forests or protection forests shall have the following rights and obligations: a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law; bl To own forest trees, animals and property on the land planted with forests; c/ To exploit forest products according to the prov\s\ons of Clause 3 and Clause 4 of Article 47 and Clause 2 of Article 57 of this Law; d/ To transfer or donate the planted production forests; to mortgage or provide guarantee with, the value of planted productlon forests at Vietnam based cred(t lnstitutions; el To join domestic organizatiom;, tiouseho/ds or im:iividuals as well as overseas Vietnamese by contributing capital with the value of planted production forests, Section 4. RIGftrS AND OSLIGATIONS OF FOREST OWNERS BEING HOUSEHOLDS ANO INlJ/VIDUAl.S Article 69,~ Riyhtrc; and oblfgat/ons of housoriolds and individuals ass lgned protection forest~ by thl:l Stale 1. To have the rig)1ls and obligations prescribed in ArUcles 59 and 60 of this l.Hw. 2. To build forests under thB gu\d a nee of competent management aqenci'es in charge of forests. 3. To exploit, use forests and fully tap forest products according to the provisions of Article 47 o1 this Law. 4. To swap the assigned forest areas with other households or individuals in the same communes, wards or townships; individuals may bequeath their forest use rights according to Jaw provisions. ArUcle 70.- Rights and obligations of households and individuals assigned production forests by 1he State 1. To have \he rights and obligations prescribed in Articles 59 and 60 of this Law. 2. For planted production forests, to exploit them according to the provisions of Clause 2, Article 57 of this Law; to transfer, donate, lease, mortgage, provide guarnntee or contribute capital with, the\r value according to law provisions. 3. For natural production forests, to exploit them according to the provisions of Article 56 of tllis Law; to ,nortgage, provide guarantee or contribute capjtaJ wit\\ only 1he adclod value of fores1 use righ1s, t~mt is brought about by forest owners' investments as compared to the torest use right value determined at the time of forest assignment according to law provisions, ,i lndividuaJs may bequeaU1 their fornst use dghts under law provislons. Article n.~ nights and obl alions of ho1).\'( ,/-ioh)s and individua/t; h:,J,;ed pri,Hiuciioii for11f,tr; by lho Stnle i To t1avo the rior11s and ob If uni.ions prnsr:nbod in !\rticf(!'.•:: 59 i.,nd GO of thfi, Law. ?. To en\oy the: mkled value or (ore'.;h, bmuqht about by forest owners' investments in tt1F.J lease torrns according to law provisions. 3. 1i:) mortgage, 9uarantee or contribute capital with, -\he vnhH.>i of planted production fore}, ts , whi e\, t/ley havo Invested in accordinu to (aw provisions. 4. For production forests p!nnted with State budget capital: a/ To exploit tlrnrn ac.:cording to tho provisions of Point b, Clause 2, Arlido 57 of this Law; bl To transfer, sublease the forest use rights according to law provlslons. 5. For natural production forests: al To exploit them according to the provisions of Article 56 of this Law; bl To mortgage, provide guarantee m contr"ibute capital with, only the added value of forest use righls, that is brought about by forest owners' investments as compared to the forest use right valuo dotormined al the t/mo of being leased forests according to !aw provi.sions. Article 72.~ nights and obli[Jalions of households and individuals assignee! or leased afforestation land by the State i. Households and individuals assigned or leased afforestation land by the State shall have the following rights and obligations: a/ To ha vo the rlg h ts and o btl qa ti on s pre :c;cribed in Articte-s 59 and 60 of th(s Law; b/ To own forEJSt troos, anlmal8 ;:n1d propefty on the land pltmlerl wm, forer;ts; cl To oxploit rornst prorit1<:t; <1(;(:or(linn lo the pro·;fr;ic,ns of c:fmn,e :1 nnd c:rause ,1 of Article -fl 1;1nc1 Cl,uise 2 ol Arliclo bl of this Law; d/.JiJ morJ Qa!JH, pruvide 9uarantee or contt'ibutri capital with, land Uf,e rir;h!s acco1-dinu to the provisions of land leqi:,lation; el lo transfer, donate or sublease plantGd production forests; to mortgage or provide guarantee witl1, the vallrn of planted µroc!uclion foi-ests; to join dornoslic orrJanizallons, f1ousoholds or indiv(dua\s as we\\ M, overseas Vietnamese by contributing capital with the value of planted prochJction forests; individuals may bequ0aH1 forests aceord(ng to lf:\W provis(ons. 2. Households and Individuals leased fand by the Sta\e to plant production forests or protection forests shall hfwe the following rights and obligations: al To have the rights and obligations prescr/Ded in Articles 59 and 60 of this Law; bl To own forest trees, animals and property on the land planted with forests; cl To exploit forest products according to the provisions of Artie\<:! 47 and Article 57 oi - \s La'>W, di To transfer or donate planted production forests; to mortgage or provide guarantee wilh, the value of planted production forests at Vietnam-• bar,ed credit institutions; individuals may bequeath forests t-tccord(ng k) law provi;~ions.; el To join domestic organiz:atioris, /1ouseholds or individuals t1S we\\ os overseas Vietnamese by contributing cripital with tho value of plnntocl production fore61S. 3. House holds and ind'Ivld uals ass lg ned or /eased afforestation rand by the State, if maf<ing investment by /hetnselves In the application of measures to zone off for tendin~J a.nd regeneration or crearion of produclion f ores\s or prote.c1ion \f.irtJSts on land without lores'ts, sha\\ a\so have thG rig!1ts [tnd obliualions prescribed in C!auso 1 of t11ii, /\rticlic, in cnr,un vvl1fHO tf1uy arn <'WBignod lnnd: and ,;finll hnve the rioht.s and obli9ation,:; prescnbe<l in CiausH ? of tlli!3 Articlfi in casos where Hwy nrn loacwd land. Section !J. FllGHTS AND OBUGArlONS Of. OTHEH FOREST OWNERS Article 73.- Flights and obligations of forest owners being peop)e'D armed force units People's armed force units assigned protection forests or prnduction forests without the collection of forest use levies shall have the following rights and obligations: 1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law; 2. To exploit forest products in protection forests according to the provisions of Article 4 7 of th is Law; 3. To exploit forest products in production forests according to the provisions of Clause 2 of Article 55, Points band d of Clause 2, Point a of Clause 3, and Clause 4 of Article 56, and Clause 2 of Article 57, of this Law; 4.- Not to swap, transfer, donate or lease forests or forest use rights; not to mortgage, provide guarantee or contribute capital with, the value of planted production foretts or forest use right value. Article 74.- Rights and obligations of forest owners being forestry scientific research and technolo~Jical development, trainin~J and vocational training organizations 1, To have the rights and obligations prescribed in Articles 59 and 60 of this Law. 2. To sell products of planted forests, forest saplings and other products.according to the forest management regulations. 3. Not to swap, tmnsfer, donate or loase forests or fore'.,;! uc;e (iqhts; not to rnorlWHJo, provide guMantee or contribute t:apilal with, lhFJ valun of planted pmduction frnef,lf-l or tores! usu tight value, Article 7H.-- fli9hls uncl obligations of (ore:;·t owners buin9 ovcrneas Vietnamese assi~Jned or leased planted production forests by thr~ Stale 1. In cases where forest ownNs are oversoa,; Vietnamese assigned planted production forests by the State with the collection of forest use levies or leased planted production forests with lump-sum payment of forest rents for the wf1ole lease term, they shall fmve lhe following rights and obligations: a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law; b/ To own trees, animals and property on the land of planted production forests which forest owners have invested in; cl To mortgage, or provide guarantee with, the value of planted production forests at Vietnam based credit fnstltulions; di To join domestic organizations, households and individuals as well as foreign organizations and individuals by contributing capital with the value of planted production forests; e/ To transfer, donate or sublease forests according to Jaw provisions; individuals may bequeath forests under Jaw provisions. 2. In cases where forest owners are overseas Viotnarnese leased planted production forests by the State with the annual payment of forerst rents: a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law; b/ To own trees, animals and property on the land of planted production forests which fon,1st owners have invesl€~d in; cl To sublease fo1·ests to ornanizntions, /1oui,1-,l10lds or indiviclunls k1r combined foreslry· a9ricu ltu ra/-. ti.•.: t1 e ry JHoduclion, k1 ndscapn bu:, in et,:,, convaie1:,cence, eco• onvi ronmental tourisrn nnci scientifiG msearGti; di To rnort~Ja~w, provide guarantee or contribute capital with, the value of planted production fores!$ whict1 they /rnVE) investod in accordinu to law provisions. Article 76.M Rights and obligations of forest ownem being foreign or9anizations and individuals leased planted production forests by t~1e State 1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law. 2. To exploit forest products in planted procluction forests according to the provisions of Clause 2 of Article 55 and Clause 2 of Article 57 of this Law. 3. To own trees, animals and property associated with planted forests in which forest owners have invested by themselves during the lease terms. 4. To mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, brought about by foreign investors' investments, as compared to the forest use right value determined at the time of being leased the forests. Article 77.- Hfghts and obligations of forest owners being overseas Vietnamese assigned land by the State with the collection of land use levies to plant production forests under investment projects 1. To have t~1e rights and obligations prescribed in Articles 59 and 60 of this Law. 2. ·1o own trees, animals and property on the land planted with forests. ;J. To r)xploit fornst products according to the provisions 0t Clau:;e 2, Article Sl of !his Law. 4. To trantdcr-, clonate or lease the lnnd use ri9hts; to mortoa9e, provide ouarnntee or contribukJ capital with, the land w,1~ rights accordinn to the provh;ions of land logislation, 5. To transfer, donate or lease planted production forests; individuals rnay bequeath forests under law provisions. 6. To join domestic organizations, households and individuals as well as overseas Vietnamese by contributing capitAI with tt1e value of planted production forests; Article 78.- Rights and obligations of forest owners being overseas Vietnamese, foreign organizations and individuals that are leased !and by the State for afforestation under investment projects 1. Foreign owners being overseas Vietnamese, foreign organizations and individuals, that are leased land by the State to plant production forests with the lump~sum payment of land rents shall have the following rights and obligations: al To have the rights and obligation s prescribed in Articles 59 and 60 of this Law; b/ To own trees, animals and property on the land planted with forests; cl To exploit forest products according to the provisions of Clause 2, Article 57 of U1is Law; di To transfer, donate or subleasn the land use riohts; to mortgaoe, provide guarantee or contribute capital with, the land use rights according to the provisions of land legislation; el To transfer, donate or sublease planted production forests; individuals may bequeath forests under law provisions; f/ To join domestic organizations, housol1olds and individuals as well as overseas Vietnainesn by contr"il>LHin~1 capital with 1h0 value of planted production foros![,. of violatinq the logislation on foros1 protection ami devf:lloprnent, and on forest finl fHOV(-intion f.HlcJ fightinn. 2. Foreinn owners bGing ovEJrseas Vietnarnet,o, to reign o roan iza tions and individuals, Iha t a re iemed land by the State to plant production forests with th(1 annual payment of land rents shall have the following rights and obhgations: a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law; b/ To own trees, anirna!s and property on the land planted with forests; cl To exploit forest products according to the provisions of Clause 2, Article 57 of this Law; di To transfer or donate the planted forests; to mortgage or provide guarantee with, the value of planted production forests at Vietnam-based credit institutions. el To join domestic organizations, households and individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests. Chapter VI FOREST RANGERS A1ticfe 79.- Functions of forest rangers Forest rangers constitute a specialized force of the State, that has the functions of protecting forests, assisting the Minister of Agriculture and Hural Development and the presidents of the l;eopfe's Committees of all levels in exercising the State management over forests, ensuring the observance of forest protection and development fogislation. Article IJO.--Tasks of forest mnr;ern r. To work out forest protection pronrmns nncJ ulans, sc/1emes on prevention ancJ r::ombat of acts ·2. To nuide foresl owners In elaborating and imp!mnenting forc-!st pwtec:tlon schemes; to foster forest protoclion skills for forest owners; 3. To inspect anc! control the forest protection, exploitation and usf-) as well as the circulation, transportation and trading of forest products; to prevent and tight act;:, of violating 1he legislation on fore(1t protection and development. 4. To conduct propaganda among, and mobilize, people I() protect and develop forests; to coordinate with cornmune/ward/township People's Committees in building and professionally fostering mass forces to protect forests. 5. To organize the forecasting of forest fire dangers and organize a forest fire prevention and fighting 'specialized force. 6. To protect the forest owners' legitimate rights and interests when such rights or interests are infringed upon by others. 7. To organize the protection of key special-use forests and protection forests. fl To join international cooperation in the domain of forest protection and control of the trading of forest plants and animals. Article B'f.- Powers and responsibilities of forest rangers i. While performing ttierr duties, forest rangers shall have the following powers: a/ To request concerned organizations, househo/cfr; and individuals to provide necessary information and documents for inspection and investigation; to conduct site inspection and gather· evidEmcni, according to law provision~1; b/ To sanction adrriinislrative violations and apply measIH0s to prevent acts of administrative violation, lo take legal action against, and conduct criminal i nvo:,tigation of, acts of violating Hie logisfation on forest pmtoction and development according to tho provisions of Hie lo9islation on handling ot administrative violations, the criminal renislation and criminal procedure legislation; c/ lo use weapons and supportive instruments aGcording to law provisions. 2. Forest rangers who fail to fulfill their assigned tas!<s and powers, letting forest destruction or forest fires occur shall have to bear responsibilities under law provisions. Article 82.~ Organization, equipment, regimes and policies for forest rangers 1. The forest ranger force shall be organized in a unified system, consisting of: a/ The central forest rangers; b/ The provincial/municipal forest rangers; c/ The forest rangers of rural districts, urban di~tricts, provincial towns and cities. 1. The Government shall specify: a/ The tasks, powers, responsibilities, organizational system, operation mechanism and coordination rnechanism between forest rangers of all levels and relevant agencies in localities; b/ Criteriu and positions of forest rangers; cl Forest ranger uniforms, badges, stripes, pennants and certificates; equipment of weapons, supportive instruments and specialized means for forest rangers; di Wages, occupational pr-eforential t1·eatrnent allowances, war invalids, martyrs and other treatment rer1irnes for rangers. Article 113, ·· Dirnction and adrnin is tration uf 1. Ttm Minister of Agriculture and F!ura1 Development shall have the following t3sks and powers: a/ To uniformly direct the profossiona/ activities of forest rangers; b/To supervise and direct the inspection of fomst rangers' activities: c/ To direct and organize the equipment of weapons, supportive instruments, specialized means, uniforms, badges, insignias, pennants for forest rangers at all levels under law provisions; d/ To assume the prime responsibility for, and coordinate with the ministries and ministerial-level agencies in submitting to the Government for promulgation regimes and policies for forest rangers and their payroll quotas; el To mobilize and transfer forest rangers when necessary; f/ To organize the trn g and fostering of a contingent of public employee-forest rangers. 2. The presidents of the provincial/municipal People's Committees shall have the following tasks and powers: a/ To direct and inspect activities of forest rangers in the\r respective \ocaH1ies; b/To direct the coordination of activities between forest rangers and relevant agencies in their respective localities; c/ To manage forest rangers in their respective localities; ensure operation funding for forest rangers according to !aw provisions. 3. Tt1e presidents of the People's Committoes of rural districts, urban districts, provincial towns and cities shall have tho following tasks and powers: a/ To clime! and inspect operations of foreDt rungrHs in their rui,poctive loca)]fio6; bFli'.) dimc1 tllo coordination of ac!ivitie~: between forest t·angors and rcleva.nt agencio:; in thr::\r rospocHve localities. Chapter VII SETTLEMENT OF DISPUTES OVER AND HANDLING OF LAW VIOLATIONS ON, FOREST PROTEC'f!ON AND DEVELOPMENT Attic/e 84.~ Settlement of disputes 1. Disputes over the rights to use forests of all kinds and/or the ownerst1ip rights over planted production forests shall be settled by people's courts. Disputes over forest land and/or afforestation land shall be sett(ed according to the provisions o1 land legislation, 2. When settling disputes prescribed in Clause 1 of this Article, that relate to the right to use forest !and, the people's courts shall handle a(so the rights to use such land. Article 85.- Handling of violations 1. Persons who destroy forests, burn forests or damage forest resources; H!egally exploit forests; illegally hunt, catch, cage or slaughter forest animals; it!egafly purchase, sell, trade in or transport forest products or violate other Jaw provisions on forest protection and development shall, dnpending on the naturo and seriousness of their violations, be administratively handled or exarnined 1or pona! !iabihty according to law provisions. 2, Persons w/10 abuse their positions and/or .oowers to vio\a1e law provisions on forest ,1ssignmenf, lease or recovery, the conversion of forest use purposes, permission of forost use or !orei,t oxploita!ion; who are irrespon, ;ible or abuse their po•Ner~, and/or poBitions in rHI forcing tt1e kigh,!ation on forest prolection and development; who cover violators of l)1e leglslatlon on forest protection and development or wt10 commit other acts of violating the provisions of this Law shall, depending on the nature and seriousness of t\11~ir violations, be disciplined or examined for penal liabilities according to !aw provisions. Article 86.- Compensation for damage Pernons who violate the legislation on forest protection and development, thus causin9 darnage to the State, organizations, households or individuals shall, apart from being handf ed according to the provisions of Article 85 of this Law, have to pay compensations for such damage in accordance with law provisions. Chapter VIII IMPLEMENTATION PROVISIONS Article 87.- lrnplementation effect This Law sliaU take effect as from April 1, 2005. This Law replaces ttie 1991 Law on Forest Protection and Development. Article 88.- Guidance for implem0nla.tion The Government shaH detail and guide the implementation of this Law. This Law was passed by the Xlth National Assembly of the Socialist Repllbfic of Vietnam at its 6th session on Decomber 3, 2004. Chairman of the National Assembly NGUYEN VAN AN