Decision No. 104/2007/QD-BNN promulgating the regulation on management of ecotourism activities in national parks and nature reserves

12 OFFICIAL GAZETTE Issue nos 08-09iDecember 2007 (GOng BaD nos 07-()8/January 5,2008) DECISION No. l0412007fQD-BNN OF DECEMBER 27,2007, PROMULGATINGTHE REGULATION ON MANAGEMENT OF ECOTOURISM ACTIVITIES IN NATIONAL PARKS AND NATURE RESERVES THE MINISTER OFAGRICULTURE AND RURAL DEVELOPMENT Pursuant to the2004LawonForest Development and Protection; Pursuant to the Government's Decree No. 86/ 2003/ND-CPofJuly 18,2003,defining thefunctions, tasks, powers and organizational structure of the Ministry ojAgnculture and Kural Development; Pursuant to the Government's Decree No. 23/ 2f.XYiIND-CP ofMarrh=?, 2006, on implementation ofthe Lawon Forest Development and Protection; Pursuant to the Prime Minister's Decision No. 18612(X)(jfQD-TrgofAugust14, 2006,promulgaling the Forest Management Regulation; At the proposal of the director of the Forest Management Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulatlun on management of ecotourism activities in national parks and nature reserves. AJ1ide2.- This Decision takeseffect 15daysafter its publication in ''eONG BAO." Article J.- Presidents ot provincial/municipal People'sCommittees, heads of unitsattachedto the Ministry of Agriculture and Rural Development, directors of provincial/rnunicipul Agriculture and © VIETNAM LAW & LEGAL FORUM Issue liPS OIl-09!December 2007 (Gong Bao nos OT-DB/January 5, 2008) OFFICIAL GAZETTE 13 Rural De veloprneru Services, directors of management boards of national parks and nature reserves, andconcerned organizations andindividuals shall implement this Decision. For the Ministerof Agriculture ann Rural Development Vu:e Minister HUADUCNHI REGULATION ON MANAGEMENT OF ECOTOURISM ACTMTIES IN NATIONAL PARKS AND NATURE RESERVES (Promulgated togetherwith the Agriculture andRural DevelopmentMinistersDecision No.10412007IQD BNNofDecember27,2(07) ChapterI GENERAL PROVISIONS Article 1.- Scope of regulation This Regulation applies to ecotourism activities in national parks and nature reserves which are established underdecisions of the Prime Ministeror provinciaVmunicipal People's Committees. Other towjst activizies in national parks and nature reserves comply with the laws on tourism, forest protection and environmental protection. Article 1.- Subjects of application Management boards of national parks or nature reserves, domestic and foreign organizations and individuals doing eeotourism business; agencies, organizations,individuals, tourists and communities of localities participating in ecotourism activities in national parks and nature reserves prescribed in Article!. Article .l- Interpretation of tf'rrns 1. Ecotourism means a form of nature-based touri sm associ ated with indigenous cultural characteristics and involving local communities' participation with a view to ensuring sustainable development, meeting the present tourist demand without affecting the capability to meet the future touristdemand. 2.Ecotourismpathmeansa pathin anationalpark or nature reservewhichis madeforpedestrial tourists to explore the nature and simultaneously used for forest andnaturalresourcesprotection patml.1he path is designed with minimum environmental impacts, 3. Observation tower means a work built for touriststo observeparticularitiesof plantspeciesand habits of wild animals in national parks or nature reserves andsimultaneously usedforforestprotection and forest fire prevention and control. 4.Forest environment lease means leasing outpart of forest land and forests of nationalparks or natural reserve to organizations and individuals for the ecotourism business purpose in combinalion with forestdevelopmentand protection. Article 4.- Pr;,r!.:ipks of orgarnzmgecceourtsm 1. Ecotourism activities must not affect natural developments ofecosystems, naturallifeof'wildplant and animal species,natural landscapesaswellas the cultural identity of localcommunities innational parks and nature reserves. 2. Profits earned from eeotourism services must be reinvestedin biodiversity conservation innational parks and nature reserves. The reinvestment ratio complies with state regulations. 3. Local communities may participate in and benefit from ecotourism :lc.tivitiel'; in order to raise © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos01;lo091Decemtler 2007 (Gong Baa nos Ol-OBlJanuary 5,2008) their incomes and awareness about responsibilities of biodiversity and nature conservation. Chapter II MANAGEMENT OFECOTOURISM ACTIVITIES Article 5.~ Prohibited activities 1. Using vehicles andequipmentcausingnoiseor environrreraal pollution for ecotourism purposes. 2. CoUeating forest products, unlawfully hunting wild animals and other activities causing adverse impacts on ecosystems in national parks and nature reserves. 3.Brin,gmgintonational parksandnaturereserves hazardous chemicals, explosives or inflammable substances, scattering rubbish in national parks and naturereserves. 4. In ecotourism activities, bringing intonational parks andnature reserves hannful exoticspecies; 5. Other acts that cause adverse impacts on ecotourism and forestprotection facilities. Article 6.~ Modesof organizing ecotourisrn 1. Ecotourism activities to be carried out by management boards of national parks or nature reserves; aI Ecutourism activities in national parks and nature reserves must be organized under specific schemes subject to approval of competent state agencies: defjn~d in Article 9 of this Regulation. Ecotourisrn infrastructure mustbebuiltincompliance withregulations on capitalconstruction investment. biNational paTh and nature reserves mayestablish centersforecotourism andenvironmental education. The operation of thesecenters complies withClause 3, Article 16 of the Prime Minister's Decision No. I86f2006JQD-TIg ofAugust14,2006, promutgartng the ForestManagement Regulation. c/ Every national park or nature reserve with ecotounsm activities shall assignstaff in chargeand adopt plans on training and developing ecotourism human resources. Assignedecotourismguidesmust be knowledgeable about nature conservation, biodiversity, tourism and indigenous culture. Tour guides must meet requirements prescribed by the Toun."m T.sw 2. Forest environment lease for ecotourism business atManagement boards of national parksor natural reserves may lease forest environment to organizations and individuals for ecotourism development, Forest environment rents shall be act in accordance with Decree No. 4812007/ND-CP of March 28,2007, onprinciples andmethodsofpricing differentkindsofforesrs, :mrlapproved lease !>Cherne." b/ Schemes on forest environment lease for ecotourisrn development: ~ Shall be publicized among and essocietcd with localcommunities; localcommunities may participate in touristactivities. Sites for forcstcnvironmcnt lease for ecotourism business canbelandscapes whichhavehistorical and! orculturalvaluesanddiversified andrich forestflora and fa. ina; the sites' ecosystemscanaccommodate a certain numberof visitors, posenorisktoindigenous culture, are safe for visitors and donot affect national securityand social order. Ecotourism units shall make environmental impact assessment reports in accordance with the Environmental Protection Law. Forestenvironmentrentsshallbe specifiedbased on locations, positions, natural view and existing forestnatural resources and infrastructure. d The duration of forest environment lease for ecorourism activities development must not exceed 50 years. Every ten years, the leasecontractshall be © VIETNAM L.AW & lEGAL FORUM Issue.nos OS-Q9lDeeember 2007 (GOng Baa nos Ol-08IJanuary 5, 2008) OFFICIAL GAZETTE '5 considered for extension on the basis of environmental impactassessment results oftheforest environmentlease. rl/To strictly prohihit organivations and inriividua k leasing forest environment in national parks and nature reserves from: Changing fore ...t 1l\;P. pllrpoSP.... Harming natural resources on and under the leasedforest land. Forcat environment Iccsc provisions shall be specified by management boards of national parks or nature reservesaccording to currentregulations. J. Joint venture, association and other torms of investmentfor ecotourism development Otherforms of investmentto developecotourism suchasJointventureandassociation shallbedecided by management boards of national parks or nature reserves on the basis of appraised or approved ecotourism development SChClTlCS and projects. Article 7.- Otherprovisionson ecotourism 1. Conservation educatron combined WIth ecotourism a/Managementboards of national parksornatural reserves shall adopt plans to integrateconservation educationandpropagation into ecotourismactivities for tourists and local communities. Conservation education shall be included in annual action l-" ugratns of management boards. bl Organizations andindividuals doingecotourism business shall educate and raise awareness about conservation for tourists. 2. Sightseeing ticketsand other servicefees aJ Levels of tourist and sightseeing fees comply with legal provisions on fees andcharges. bl Levels oftourist and sightseeing service charges conform with contracts or agreements between organizations or individuals doing tourismbusiness and tourists. c:I Organizations end individuals leasing forest environment for ecotourism business must reach agreement with management boardsof national parks or nature reserves before announcing prices of sightseeing ticketsand services. 3. Local communities and ecotourismactivities aIOrganizations andindrvtduats doingecotounsm business shall prioritize local communities' participation in ecotourism activities, creating jobs and step by step raising local people.s living conditions. hi Local communities mayparticipatein andenjoy lawful benefits from tourist aotivitieo and at the scmc timeshallprotectnatural resourcesand,preserve the identity of indigenous culture; maintain security. socialorder and safetyand environmental-sanitation to create touristattractiveness. d Local communities shall be facilitated to invest in tourist development, andrestore anddevelopforms offolklore andfolk artandtraditional trades and crafts; produce local goods for ecotourists, contributing to improving localpeople'smaterial and spiritual life. 4. Management of wastesfrom tourist activities aJ Guest houses and working offices in national parks and natural reserves must have wastewater collection andtreatment systems and wastcwatermust not be discharged directly into forests river and stream systems; wastewater from tourist businesses must be treated up tocurrent prescribed mndards. bl Solidwastes andgarbagemustbe collectedand treated in prescribed places; inorganic. hoznrdous and non-decomposable wastes must be treated outside national parks and natural reserves. Article 8.- Responsibilities of organizations and indivictuals engaged in ecotourismactivities Organizations and individuals engaged in ecotourism activities shallobservethe laws on forest development and protection; environmental protection; tourism; and heritage. In addition, they © VIETNAM L.AW 8< L.EGAL. FORUM ,. OFFICIAL GAZETTE l!FiUQ nos 08-09lDoc9mbor 2007 (C6ng Baa nos OT-DB/January 5,2008) shall comply with the following provisions: 1. Responsibilities of management boards of national parksor nature reserves alTo manage andprotectforests, preventandfight forest fires in the areas leased for ecotourism development. bl To specify the maximum number of tourists allowed to visit and stay in forests (within accommodation capacityof forestenvironment) for one day/sire based on the assessment of ecotourism activities' adverse physical, ecological, scenic and socialimpacts on nationalparks or naturereserves. d To elaborere regulations and ruJes for roonsr management whichmust specifyprohibited acts for tourists. 2,Responsibilities oforganizations andindividuals doingecctnurismbusiness a/'Io manege llnn prntprt fOrf'<>:t<:, prevent and fight forest fires in the forest areas used for ecotourism business, 'to disseminate state regulations and laws onnatureconservation andenvironmental protection to tourists. blTo comply with legalprovisions on forestand biodiversity protection. to be subject to supervision of management boards of national parks or nature reservesand observe theirrules. cl To hui ld infrastructure for f':cotollfism development in compliance with Article 10 of this Regulation, dJNot to unlawfully breed or keep wild animals; to get approval of management boards of national parks or natural reserves when planting trees in the fOff':st areasleased for tourism purposes. elTo facilitate localcommunities to participate in tourist services, to prioritize recruitment of local people, 3. Responsibilities of tourists at To sightsee in pennitted areas under forest management boards' instruction. bl Not to approach wild animals too closely; not tohuntwildanimals, collect forest plantsamples,and prospect soil, rocks and minerals in national parka and naturereserves. d Not to illegally trade in forest plant products und wild enimala. dI To observe rules and regulations of national parksand naturereserves. Article 9.- Competence to approve ecotourism development schemes 1. The Mlnlstry uf Agrlculune am} Rural Development mayappraise and approveecotourism development schemes of national parks and nature reserves under its management. 2.Provincial/municipal People'sCommittees may appraise and approve ecotourism development schemes of national parks andnature reserves under their management after consulting the Ministry of Agriculture andRural Development. Within IVdays tram the dateotreceiving localities' proposals on ecotourism development schemes, the Miuistry ofAgriculture andRural Developmeut shall give its opinions in writing for provincial/municipal People's Connnittees to consider and approve. ChapterIll DEVELOPMENT AND EXPLOITATION OF ECOTOURffiMPOTENnAL Article10.- Ecotourism infrastructure construction Whenbuildingecotourisminfrastructureinnational parks andnature reserves, forest environment leasing organizations and individuals or forest management boards shall comply withArticle 22 of Decision No. 18612006IQD-ITg awl (lIt: fvlluwiug pliu<:,.iplc."i: 1. To make environmental impact assessment reports in accordance with the Environmental © VIETNAM LAW & LEGAL FORUM 1S:S:Ufnos 08.0!l/Dgegmbor2001 (Cong BaonosD7-DB/January 5,2008) OFFICIAL GAZETTE 11 Protection Law before building ecotourisrn infrastructure. Chaptel·/V MONITORINGAND EVALUATION 2. Not to affect natural ecological developments andchange the habitatafforest plants and wild animals as wen as streamflowsandnatural views in theareas. 3. To restrict the on-the-spot exploitation of matenals (outsidethe areaallowedfor construction) in national parks and nature reserves to build infrastructure works, to avoid causing landslideand logging trees ill areas planned fur construction of tourism works. 4. Guest housesfor touristpurposesmustonly be built within administrative service zones and ecological restoration zones according to approved schemes. Ecotourism guesthouses' architecture must eonfonn £U1d have local traditions with a maximum height of 12 m. 5. Camping areas must be within administrative St:l vice ZUIlt.::> am] located at certain points in ecological restoration zones; campingareas shall be selectedbased on natural conditions with a view to reducing tree logging and ground leveling. 6. Land far constructionof tourism infrastructure worksmust beused incompliancewithArticle29 of the Government's Decree; No. 2JI20061ND-CP of March 3, 2006, on implementation of the Law an Forest DevelopmentandProtectionLaw. Article 11.-Investment inecotourismdevelopment and nature conservation 1. Organizations and individuals are encouraged to make investment in ecotourism development in the forms of joint venture, association and forest environment lease.National parksandnaturereserves shalldevelop ecotourismunderplans, programsand schemes approvedby competent agencies. 2. Managementboardsofnationalparksor nature reserves shall develop and propose touri st developmentprograms andprojectsandsubmitthem to competent agenciesfor approval. Article 12.- People'sCommittees of alllevelsshall monitor and evaluate ecotourism management in national parks and nature reserves under their management Article13.- The Forest ManagementDepartment shall advise the Ministry of Agriculture and Rural Development on the Ministry's coordirnrtion with concemedagencies in managing ecotourismactivities in natinnal parks and nature reserves nationwide. Forthe Minister of Agri£u1ture and RurallJewtlop1lU!ld Vice Minister HUADUCNlD © VIEiNAM lAW & LEGAL FORUM