Decision No. 109/2008/QD-BNN promulgating the Regulation on benefit sharing applicable to projects on planting watershed protection forests in Quang Tri, Thua Thien Hue, Quang Nam, Quang Ngai and Phu Yen provinces funded with loans of the Japan Bank for International Cooperation (JBIC)

Issue nos 05-06INovember 2008 OFFICIAL GAZETTE (C6ng Baa nos ~11-612JNovemlJer 22,2008) 35 THE MINISTRYOFAGRICULTUREAND RURA 1 DEVElOPMENT DECISION No.1 09/2008/QOkBNN OF NOVEMBER 11, 2008, PROMULGATING THE REGULATION ON BENEFIT SHARING Al'l'LICAHLE TO PROJECTS ON PLANTING WATERSHED PROTECTION FORESTS IN QUANG TRI, THUATHIEN IRJE, QUANfJNAM, (JUANfJ NGAI AND PHU YEN PROVINCES, FUNDED WITH LOANS OF THE JAPAN BANK FOR INTERNATIONAL COOPERATION (JBIC) THE MINISTER OFAGRICULTURE AND RURAL DEVELOPMENT Pursuant to the December 14, 2C04Law on ForestProtectionand Development; Pursuant to the GOl'ernmcnt~~Decree No. 23/ 2006/ND-CP of March 3, 2006, on implementation ofthe Law On ForestProtection rmd Development; Pursuant to the Government's DecreeNo. 01/ 20081ND-CP of January 3, 2008, defining the functions, tasks. powers and organizational structureofthe MinistryofAgricultureand Rural Development; Pursuant to theGovernment'sDecreeNo. 05/ 2008/ND-CP of January 14, 2008, on forest protection and df'vf'lnpmpnt!unds; Pursuant to the SpecializedCreditAgreement coded VN VI-8. concluded on March 30. 1999. between the Overseas Economic Cooperation Fund(Japan)and theGovernmentofthe Socialist Republic ofVietnam; Pursuantto the PrimeMinister'sDecisionNo. © VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos OS-06INovember 2008 (Gong ,gao nos61f-812/November 22,20081 152/2001/QD-TTg of October 9, 2001, on i11lJP~tw",nfmechanisms and[Jnljrjp~farplanting watershedprotection fo rests in Quang Tri, Thua Thien Hue, Quang Nam, Quang Ngai and Phu Yen, funded with loam 4 the Japan Rank for International Cooperation (JRIC); Pursuant to the Prime Minister's Decision No. 18612006/QD-TTg of August 14, 2006, promulgating the Regulation on forest management; Pursuant to the Prime Minister's Decision No. 1781200IlQD-Tfg of November 12, 2001, on rights to enjoy benefits and obligations of households and individuals that are allocated, leased or contractedforests andforestland; Pursuant to the Agriculture and Rural Development Minister's Decision No. 4012005/ QD-BNN of July 7, 2005, promulgating the Regulation on exploitation of timber and other forest products; At th« prnpmal ofthe director ofthe Forestry Department, DECIDES: Article1.- To promulgate together with this Decision the Regulation on benefit sharing applicable to projects on planting watershed protection forests in Quang Tri, Thua Thien Hue, Quang Nam, Quang Ngai and Phu Yen provinces, funded with JBIC loans. Article2.- This Decision takes effect 15 days after its publication in "CONG BAa." Article 3.- The director of the Ministry's Office, the director of the Forestry Department, the head of the Forest Projects Management Unit, the presidents of the People's Committees of QII:lng Tri, Thua Thien Hue, Quang Nam, Quang Ngai and Phu Yen provinces, and heads of concerned units shall implement this Decision. For the Minister of Agriculture and RuralDevelopment Vice Minister HUADUCNHI REGULATION ON BENEFIT SHARING APPLICABLE TO PROJECTS ON PLANTING WATERSHED PROTECTION FORESTS IN QUANG TRI, THUA THIEN HUE, QUANG NAM, QUANG NGAI ANV PHU YEN PROVINCES, FUNDED WITH JBICLOANS (Promulgated together with Decision No. 109/ 2008/QD-BNN of November 11, 2008, of the Minister ofAgriculture and Rural DevelopmentJ Chapterl GENERAL PROVISIONS Article 1.- Governing scope and subjects of application © VIETNAM LAW & LEGAL FORUM Issue nos 05-0GlNovember 2008 OFFICIAL GAZETTE (Cong Bao nos 6116f2INovombor 22, 2(08) 37 1.Governing scope This Document provides for benent sharing mechanisms applicable to projects on planting watershed protection forests in Quang Tri, Tbua Thien Hue, Quang Nam, Quang Ngai and Phu Yenprovinces, funded with JBIC loans. 2. Subjects ofapplication aJ Subjects that are allocated land or forests by the State (below referred to as forest owners); subjects that are contracted protection forests for management,protection,developmentand use in the post-investmentperiod, including: PI otection [UI t;~l ruauagerneru units, armed forces unitsandstate-runforestryfarms(forestry companies); Householdsand individuals; Communities of villages, hamlets or equivalent administrative units (referred to as villagecommunities); bI Commune-levelPeople's Committees (for protection forest areas temporarily not allocated or contracted to organizationsor other subjects). Article 2.- Interpretation of terms The terms referred to in this Regulation are construed as follows: 1. JH1C torestationprojectsmeans projectson planting watershed protection forests in five central provinces (Quang Tri, Thua Thien Hue, Quang Nam, Quang Ngai and Phu Yen) funded withIDIC loans, whichareformulated on thebasis of the forestation component under the Project on development ot rural infrastructure and improvementof livingstandards III(SPL-rrD. 2. Post-investment period means a period startingafterthecompletionof a project,i.e.,after December 30, 2008. 3.IDICforests includenew forestplantations, protectednatural forests, zonedoffnaturalforests addirionally or nor additionally pl<lntf'i1 with trees, whichare financedbyJBIC forestationprojects. 4. People's Committees of project implementing provinces include the People's Committees of Quang Tri, Thua Thien Hue, QuangNam, Quang NgaiandPhuYenprovinces. 5. Forestownersincludeorganizations, village communities,householdsand individualsthatare allocated forests by the State for stable and long term use for forestrypurposes. 6. Contractors include village communities, households and individuals that sign long-term contracts for forest management, protection and development. 7. Average or difficult site refers to a type of site associatedwith the accessibilityto (distance, topographical conditions, ctc.), and the productivity and quality of forests, in each site, which isconsidered and decided by thePeople's Committee of a project implementing province. Article 3.- Allocation of forests to forest owners for long-term management, protection, developmentand use Provincial or district People's Committees shall decide to allocate rorests to subjects m the © VIETNAM LAW & LEGAL FORUM 38 OFFICIAL GAZETTE Issue nos 05-06J'November 2008 (eDna Beonos 611-612/November 22. 2008) post-investment period under the Government's Decree No. 23/2006/ND-CP of March 3,2006. on implementation of the Law on Forest Protection and Development (below referred to as Decree No. 23/2006/ND-CP). and the Agriculture and Rural Development Ministry's Circular No. 3812007fIT-BNN of April 25, 2007, guiding t:M order of and procedures for allocation and lease of forests to organizations, households, individuals and village communities. Article 4.- Forest management, protection, development and use contracts between forest owners and contractors 1.State-organizations (principals) shall, based on the practical conditions for determination of forest areas, sign forest management, protection, developJtW':nt and use contracts with contractors. The two parties shall consider and decideon the contractual limits under Articles 8, 13 and 14 of the Government's Decree No. 163/1999/ND-CP ofNovember 16, 1999, on allocation and lease of forestland to organizations, households and individuals for long-term use for forestry purposes, and the cerrent Land Law. 2. Conlract term: Based on the local actual conditions of forest management, protection, development and use, the principal and the contractor shall consider and decide on the term of a contract under current regulations. 3. People's Committees of project implementing provinces shall issue the form of contract on the basis of the form in theAppendix to this Regulation for implementation. Article 5.- Forest management, protection, development and use 1. People's Committees of all levels and forest owners shall manage and use land and forests under the Law on Forest Protection and Development; Decree No. 23/2006/ND-CP; the Prime Minister's Decision No. 17812001/QD~ ITg of Novernber 12, 2001, on rights to enjoy benefits and obligations of households and individuals that are allocated, leased and contracted forests and forestland (below referred to as Decision No. 178/200l/QD-TIg); the Prime Minister's Decision No. 186/2006/ QD-1Tg ofAugust 14, 2()OO, promulgatmg the Regulation on forest management (below referred to as Decision No. 186/2006/QD-ITg); the Agriculture and Rural Development Minister's Decision No. 40/2005/QD-BNN of July 7,2005, promulgating the Regulation on exploitation of timber and other forest products (below referred to as Decision No. 40/2005/QD BNN), and other current regulations. 2. People's Committees of project implementing provinces shall retrieve part of investment funds and use it for forest management, protection and development in their localities under current law. ChapterII RIGHTS ANDOBLIGATIONS OF FORRST OWNER.C;; Article6.- Rights of forest owners 1. To exploit timber and non-timber forest © VIETNAM LAW & LEGAL FORUM Issue nos 05-06JNovember 2008 (r.6ng Baonos 611-812!November 22, 20(8) OFFICIAL GAZETTE 39 productsinprotectionforestsunderArticles5 and 6 ofDecision 1781200 lIQD-TIg and Articles 32 and 33 of Decision No. 18612006/QD-TIg, and enjoy benefitsunderArticle 8 ofthis Regulation. 2. To be compensated by the SWU:: [UI forest related damage when the State issues forest recoverydecisions. 3. Indi viduals mayexchangeandinheritlights to manage, protect and use forests under law and enjoy rights underArticles73 and 76 of theLand Law, 4. Forest Owners that are state organizations may contract forests to households, individuals and village communities for protection and development. Article 7.- Obligations of rorestowners 1.To fulfill the obligations under the law on forest protection and op.vdopment and other regulations related to forest management, protection and development. To conserve and develop allocated forests and regenerate fOTt'.st" after exploitation.To observe the Regulationon exploitation of timber and other forest products underDecision No. 40/2006/QD-BNN. 2.Touse receivedeconomicbenefits for setting upforestprotection and developmentfunds under the Uovemment's Decree No. OS/2008/ND-CP of January 14, 2008, on forest protection and developmentfunds. Article8.- Shareofthe valueofexploitedand thinly pruned timber products between forest owners (organizations, v ill<l~c couuuuui ties, householdsor individuals)and the State 1. Basedon the actualconditionsof each type of site, People's Committees of project implementingprovinces shall decide on specific ratios for sharing the value of timber products betweenforestownersand theStateaccording to the followingbrackets of benefit shari'nJ; aI For timber products exploited ..ad thinly prunedfrom newlyplanted forests The valueof limberproducts atterpaymg taxes and expenses for exploitationand transportation of products to places of sale shall be shared as [uUUWS: For subsidiarytrees: The forest owner is entitled to 100% of products exploited from subsidiary trees, alternatelyplantedtreesor thinly pruned-prodUCts accordingto the designapproved by a competent authorityunderDecisionNo.4O/2OO61QD-BNN. The forest owner shall also additionallyplant orre-pl antprincipal trees ofprotection fel'H.ts right after exploiting subsidiary trees (uader the guidance of the local forestryagency). For principal trees (indigenous t.rlMti): The forest owner may exploit ti~ being principal trees of protectionforests (after having exploitedsubsidiary treesandwhenprincipaltrees have grown up enough to form protection forests ensuring the protection functionand reached the exploitableage) by selectivelyIoggmgtrees with an exploitation intensity notexceeding20% when protection forests are allowed to be exploited under regularlons according to the design © VIETNAM LAW & LEGAL FORUM 40 OFFICIAL GAZETTE Issue nos 05-Oi)JNovember 2008 (edna Beo nos 611-812/November 22,2008) approvedbya competentauthority underDecision No. 40/2006/QD-BNN. The value of timber products after paying taxes and expenses for exploitation and transportation of products to places of sale shall he sharedas follows: 90-95% for the forest owner and the remainder to be remittedinto the communal budget. hi For timber products exploited and thinly pruned from natural forests which are protected and zoned off for tending The forest owner may exploit timber by selectively logging trees with an exploitation intensity not exceeding 20% when protection forests are allowed lO be exploited, except nut: and preciousforest animalsandplantsprescribed in theGovernment's DecreeNo. 32120061ND-CP of March 30, 200(i, UII management of endangered, rare and precious forest plants and animals.The valueof timberproducts afterpaying taxes and expenses for c x pl o itation lind transportation of products to places of sale shall be sharedas follows: 85-90% for theforestowner und the remainder to be remitted into the communal budget. 2. People's Committees of project implementing provinces shall promulgate a Regulation on management and use of the value of timber products remitted into communal budgets, including the value for settingup forest protection and developmentfunds at districtand communal levels. 3. Organizations,households and individuals are encouraged to invest their capital in planting protection forests after the first cycle and exploit and use forest products under law and current regulations. They are entitled to 100% of tbe value of products after paying taxes (if any), 4, Forest owners that sub-contract forests to households, individuals or village communities are entitled to a share of the value of exploited and thinly pruned limber products at the ratio specifiedinArticle 11 of this Regulation, Chapter III RIGHTS AND OBLIGATIONS OF CONTRACTORS Article9.- Rights of contractors I. To exploit timber under contracts according toClause5,Article 15of DecisionNo. l78f2001f QD-TIg and current regulations related to land and forest management and use, and enjoy benefits underArticle 11 of this Regulation. 2, To exploit firewood, bamboo and non timber forest products, To salvage dead and diseasedtrees undercontracts and Clauses 2 thru 5,Article 15 of DecisionNo. 178/200l/QD-TIg. Article 10.- Obligations of contractors 1. To munage, protect, develop and use forests under contracts, for proper purposes and under plans indicated in contracts according to current regulations related to forest management and protection. Based. on the practical conditions, forestownersandcontractorsshall signcontracts (made according to a set form in the attached © VIETNAM LAW & LEGAL FORUM Issue nos 05-06/November 2008 (CongBaonos 611-8121November 22, 2008) OFFICIAL GAZETTE 41 Appendix). 2. If breaching contracts, thereby causing damage to principals, to pay compensation for damage under law. Article 11.- Shareof thevalueof exploitedand thinly prunedtimberproducts betweencontractors and [OIeSl owners (principals) 1. Based on the practical conditions of each average or difficultsite, People's Committeesof project-implementing provinces shall decide on theratiosfor sharingthevalueofexploitedtimber products between contractors and principals according to the following brackets of benefit sharing: aJ For timber products exploited and thinly prunedfrom newly planted forests Thevalueof timberproducts afterpayingtaxes and t:xpt'n~ Ior exploitanon and uansporrarlon of products to places of sale shall be shared as follows: For subsidiary trees: The contractor enjoys 100% of products exploited fromsubsidiary trees, alternately planted treesand thinly prunedproducts,ensuring a forest coverage rate higher than 0.6 after pruning. For principal trees(indigenous trees): The value of timberproducts afterpayingtaxes shall be sharedaccording to the following ratio: 80-90% for the contractor that has received theproject'sfinancial supportsforforest planting, tendingand protection,and the remainderfor the principal. bl For timber products exploited and thinly rnm~cI from natural forests which are protected and zoned off far tending The contractor may exploit timber by selectively loggilJ~ lICC::' wlth all cxplouatlou intensity not exceeding 20% when protection forests are allowed to be exploited according to the dc:)ign developed and suburiued by the principal to a competent authorityfor approval, Thevalueof timberproducts afterpayingtaxes and expensesfor exploitationand transportation of products to places of sale shall be shared as follows: For impoverished forests: 95% for the contractorand the remainderfor the principal. Forforests regenerated aftermilpacaltivation orafterexploitation withtimberlogsofe-diamerer of under 20 cm: 75-85% for the contractor and the remainderfor theprincipal. For forests with average or rich reserves of over100m3lha: Fromthetimeof beingcontracted to the time ofexploitation, 2% for the contractor and the remainderfor the principalevery year. 2. The value of timber products paid to the principal shal l be used mainly tor forest management, protection and development and monitored and settled according to the State's current regulations. 3. Contractors that have invested capital in [UICS( planung, zonmg off or restoration under contract or agreement with the principals are entitled to 100% of the value of products after paying taxes (if any). e VIETNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nas 05-06lNavember 2008 (Gong BaD nos 611-612/November 22, 2(08) Chapter IV ORGANIZATION OF IMPLEMENTATION Article 12.- Responsibilities of People's Committees of provinces 1. To allocate forests to subjects according to law. 2. To set criteria for average or difficultsites. 3.Todecide on the ratios for sharing thevalue of timber products between subjects under this Regulati6u~ suitable (0 local practical conditions, specificaM, between: a1 Forest owners and the State. hi Co actors, forest owners and the State. d People's Committeesof concerned districts and communes. 4. To promulgate documents guiding this Regulation to suit local practical conditions, including reward and sanctioning regulations applicable in the course of forest management, protection, development and use under current law. 5.To~de district-level People's Committees inusing the valueof timberproducts from forests for setting up forest protection and development funds under Decree No. 0512008/ND-CP. 6. Tomonitor oevetopmensof forest resources andreport them to theMinistryofAgriculture and Rural Development according to regulations. To perform (he state mallagt:Illt:lIl I t:~l-'unsibi1ily under the law on forest protection and development. Article 13.- Responsibilities of People's Committees of districts 1. To allocate forests to village communities, households and individuals in localities under current law. 2.TodirectPeople'sCommittees ofcommunes having forests and concerned agencies in forest management, protection, development and use. To guide People's Committees of communes in using the value of timber products from forests for setting up forest protection and development funds under Decree No. OS/2008/ND-CP. 3. To use in a public, transparent and efficient manner economic benefits from JBIC forests for setting upforestprotection anddevelopment funds. Article 14.- Responsibilities of People's Conunittees of communes 1. Todisseminatethis Regulationand relevant regulations and policies on forest management, protection, development and use to concerned ... illage couuuuuities. 2. To use in a public, transparentand efficient mannereconomicbenefitsfromforestsfor setting up forestprotectionand developmentfunds under Decree No. OS/2008/ND-CP. For Ille MiniMer uf Agriculture and Rural Development Vu:e Minister IIUA Due NIII © VIETNAM LAW &LEGAL FORUM Issue nos 05-06lNovember 2008 0FFieIAL GAlETTE (GongBao nos 611-612/Novemoor 22.2(08) APPENDIX 43 Forest management and protection contract between organizations having JBIC forests and organizations, househokls, individuals or communities (ToDecisionNo.1 0912008l0D-BNN ofNovember 11. 2008. ofthe Ministry of Agriculture ami RuralDevelopment) SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Name of organization: ... No.: ... /HD-KBVR MODEL CONTRACT ON FOREST MANAGEMENTANDPROTECTION (Applicable to organizations, households, individuals and village communities) ...................... ,Date: . Pursuantto the December3.2004 Law on ForestProtection and Development; Pursuantto the GavemmentsDecree No. 23120061ND-CP ofMarch 3, 2006,on implementation oftheLaw on ForestProtection and Development; Pursuant to Decision No. . ..120000QD-BNN of... (date), ofthe Minister ofAgriculturetum Rural Development, promulgating theRegulation onbenefitsharingapplicable toiBICforestation projects; Basedon the requestfor thecontractual allocation offorestsfor management andprotection, and theplan to manage and protect IBICforests in the post-investmentperiod alreadyapprovedby the provincial-level Agriculture and RuralDevelopment Service!'; Today, on (date), in ,.. (place), We, including: PartyA (name of the organizationhavingJBIC forests)?' represented by Mr./~1rs Position . Address: Tel.: Fax: Email: . Party B (name of the party contracted forests for management and protection) (3) representedby MrJMrs . © VIETNAM LAW & LEGAL FORUM 44 OFFICIAL GAZETTE Issue nos 05-06/November 2008 (GOng Baa nos 611-612/NoVflmber 22, 2(08) Address: Identity card number: issued on (date), by the Police Department of province Tel.: Fax: Email: , agree to sign a contract on forest management and protection with the following terms: Article 1.~ Areas and locations of forest blocks contracted toPartyBfor management andprotection L Forest area: (ha); type afforest (forest plantation, natural forest being protection forest); current conditions offorest: . In lot , compartment , sub-area (4) 2. Locations, boundaries and characteristics of forest blocks are specified in attached tables and maps (not printed herein). Article2.~ Term of the forest management and protection contract The term of the forest management and protection contract is years, counting from . (date), to (datei5J. The contract shall be extended upon the expiration of the above duration if, in the duration of contract performance, Party 8 strictly observes all terms of the contract and wishes to extend it. AriU:18 3.~ Rights ofParty A To receive from Party B % of the value of exploited timber after paying taxes and expenses for exploitation and transportation of products to places of sale. Article 4.~ Obligations of Party A 1.To provide technical assistance on IDle forest protection, management and development to Party B. 2. To contact competent state agencies for permission to harvest and exploit JBIC forest products and to use JBIC forestland (when necessary). 3. To promptly direct and allow Party B to harvest andexploit timber and non-tirnber forest products from JBlC forests. Article5.~ Other supports provided by Party A to Party B(8) To advance capital and supplies to Party 8 when the latter so wishes for exploitation and e VIETNAM LAW &LEGAL FORUM Issue nos 05-06INovember 2008 0FFie\AL GAZETTE (Cong Bao nos 611-812/November 22,2(08) 45 transportationof JBIC forestproducts.Party Bshall refund thisadvance after collectingmoney from the sale of forest products (a separate contract on this advance will resigned between the two parties). Article 6.-Rights of Party B 1.To harvest non-timber forest products such as fruit, flowers, oil, turpentine, rattan, beehoney, etc., in the processof forest management and protectionunder law,current regulationsand PartyA's guidance, and enjoy all products afterpaying taxes (if any). 2. Toexploit drydead, fallenand diseasedtrees inJBIC forestsunder law, current regulationsand Party A's guidance,and enjoy the whole value of productsafterpaying taxes (if any). 3. Tofetch firewood in IBIC forests withoutdamagingforests under law,current regulationsand Party A's guidance,and enjoy the whole valueof productsafter paying taxes (if any). t. To exploit bamboo under law, current regulations and Party A's guidance, and cnjoy the whole value of products after paying taxes (if any). 5. Toexploit timber under law, current regulationsand Party A's guidance, and enjoy ...% of the valueofexploitedtimberafterpayingtaxesandexpensesforexploitation and transportation ofproducts to places of sale. 6. To enjoy 100% of the value of exploited timber after paying taxes (if any) in case Party B has invested capital in planting, managing and exploitingassorted trees as permitted by Party A. 7. To use forestlandfor cultivating annual and perennial trees undercurrent law and as permitted by PartyA. 8.Tobequeathpartor the wholeof the contracttofamily members(livingtogetherin a commune), which is subject to permission ofParty A. (6\ Article 7.- Obligationsof Party B 1. To manage, protect, develop and use JBIC forests under Party A's guidance, law and current regulations relatedto forest management and protection. 2. To gct permission and follow Party A's guidance before exploitiug auu lmrvestillg timber amI non-timber forestproducts from JBIC forests or plantingother trees on JBIC forestland. 3. To get permission of Party A if wishing to plant annual and perennial trees on part of JBIC forestland. © VIETNAM LAW & LEGAL FORUM 46 OFFICIAL GAZETTE Issue nos OS-OOlNovember 2008 (Cong Bao nos 611-81VNovember 22, 2008) 4. Tomonitor and superviseany damage to, and destruction,developmentand use ofJBIC forests for improper purpose!: due to subjective or objective causes and promptly report thereon to competent state agencies and PartyA. 5.Torehabilitateand improveJBIC forestblocksdamageddue toforcemajeure causesas required and guided by Party A (a separate contract will be signed between Party A and Party B if jobs are related to materials and laborj'?', Artiete8.- Modificationof contract I. Any changes or adjustmentsof this contract are subjectto writtenconsent of the parties. 2.A1leiMnges or adjustments will be validated through signinga nwdifiedcontmet or a. memorandum of understanding (contractannex), Article 9.-1ennination of contract The contract may be terminated in the following cases: (a) When thecontractual term expires and Party B does not wish to extend it. (b) When Party B requests Party A to terminate the contract. Party B shall notify in writing its request to terminate the contract to PartyA at least 6 months in advance. (c) When PartyA finds that Party B is incapableof fulfillingall the contractual obligations. (d) WhenPartyAfinds thatParty B failsto strictiy followPartyA's guidanceon forestmanagement and protecnon. If thecontract is terminatedin case (c) or (d), PartyA shall notify suchin writing toParty B at least 6 months prior to the contract termination. Article 10.- Settlementof disputes The two parties undertake to settle 01" clarify all disputes arising during or beyond the process of contract performance through negotiations. Disputes which cannot be settled through negotiations shall besettled under law and current regulations. Article 11.- Effect of contract This contract takeseffecton the date of its signing, unlessit is terminatedahead of scheduleunder Article 9. © VIETNAM LAW & LEGAL FORUM Issue nos 05-06INovember 2008 (r:fJna Ran nn.~ fI11.ll17!Nn1lemoor :17, 7()()R) OFFICIAL GAZETTE 47 Thiscontract is made in ... copies which are of the same legal validity. Each party shall keep one copy, and other ('ori.." "hall be <;E'rlt tl"l concerned competent state management agencies under law. The partiespresent here agree to sign thiscontract. Representative of PartyA Signature (FuJI name and seal) Witness (Signature,if any) Representativeof PartyB Signature (Full name and seal) (1)Acompetentauthority's decisionapprovingtheforest management andprotectionplan:Specify its number,dale andsubject. (2) The principal:Specify the full name and positionof the representative, (3) The contractor:If being a household,write the name of the household owner and address of rhe place of permanent residence registration; if being an individual, write the name of the individual, address of the place of permanent residence registration, serial number of identitycard and account number(ifany); if beingan organization. write thenameof the organization.addressof it" headoffice. full name and position of its represcntative and account number. (4) Placeand locationof the contractedforestblock:Clearly indicate namesof the commune, ward or township; district, town or provincial city; and province or centrally run city; sub-area, compartment and lot (if any). If many forest lots are contracted, a list of details for each lot is required. (5) Forest use duration, in figure and words, according to the People's Committee's decision on forest allocation. (6) Add other rights (if any) indicatedin the provincialPeople's Committee's decisionandlor Party A's decisions.The right to receive remunerationfor forest management and protectionfrom Party A may be added if Party A tmds Itnecessary. (7) Add other obligations (if any) indicatedin the People's Committee's decision and/or Party A's decisions, (S) This article may beremoved if PartyA is incapable. © VIE.TNAM LAW & LEGAL FORUM