Decree 156/2018/NĐ-CP – guiding the Forestry Law

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree detailing the implementation of certain articles of the Forestry Law.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides specific regulations for the implementation of certain articles of the Forestry Law, including:

1. Criteria for forest identification, forest classification, and forest management regulations.

2. Allocation of forests, leasing of production forests, conversion of forest types, conversion of forest land to other purposes, and forest recovery.

3. Forest fire prevention and fighting.

4. Subjects, forms of payment, levels of payment for forest environmental services, and adjustment, exemption, reduction of payment levels for forest environmental services; management of the use of forest environmental service funds.

5. Policy for investment in forest protection and development.

6. Tasks, organizational structure, management mechanism, and financial usage of the Forest Protection and Development Fund.

Article 2. Subjects of application

This decree applies to state agencies, organizations, households, individuals, domestic communities; foreign organizations and individuals involved in forestry activities in Vietnam.

Amended and supplemented provisions:

Article 3. Interpretation of terms

1. Forest development is the activity of planting new forests, replanting forests after exploitation, damage due to natural disasters or other causes; protection and promotion of forest regeneration, improvement of degraded natural forests, and the application of other silvicultural techniques to increase forest area, stock, and quality.

2. Contiguous area is the area of land with natural forest and concentrated planted forest, continuous, with the distance between forest strips not exceeding 30 m and the total area of gaps not exceeding 30% of the area.

3. Primary forest is natural forest that has not or has hardly been affected by humans; the forest structure has not been altered.

4. Secondary forest is natural forest that has been affected by humans to the extent that the forest structure has been changed, including: secondary forest naturally regenerating after shifting cultivation, forest fires, or other activities causing forest loss; secondary forest after selective logging of timber and other forest products.

5. Timber harvesting is the act of cutting down forest trees primarily for economic purposes, while ensuring long-term sustainable forest development and use as determined in the sustainable forest management plan in accordance with the law.

Amended and supplemented provisions:

Amended and supplemented provisions:

6. Exploitation and utilization is the use of timber trees during the implementation of silvicultural measures, scientific research, and site clearance of projects when converting forest land to other purposes.

Amended and supplemented provisions:

7. Salvage logging is the collection of trees that have fallen, broken, or died due to natural disasters; burnt wood, decayed dry wood, branches, and tops still lying in the forest.

Amended and supplemented provisions:

8. Forest environment is a part of the forest ecosystem, including: soil, water, air, sound, light, and other material factors that create the forest landscape.

Chapter II. FOREST MANAGEMENT REGULATIONS

Section 1. CRITERIA FOR DETERMINING FORESTS

Article 4. Natural forest criteria

Natural forests include primary forests and secondary forests when they meet the following criteria:

1. The canopy cover of woody plants, bamboo, palm family plants (hereafter referred to as forest trees) is the main component of the natural forest, from 0.1 and above.

2. Contiguous area of 0.3 hectares or more.

3. The average height of forest trees is the main component of natural forests and is classified according to site conditions as follows:

Amended and supplemented provisions:

a) Natural forests on hills, mountains, and plains: the average height of forest trees is from 5.0 m or more;

b) Natural forests on freshwater swamp land: the average height of forest trees is from 2.0 m or more;

c) Natural forests on acid sulfate soils: the average height of forest trees is from 1.5 m or more;

d) Natural forests on rocky mountains, sandy soils, mangrove soils, and other forest types in special ecological conditions: the average height of forest trees is from 1.0 m or more.

Article 5. Criteria for planted forests

Planted forests include newly planted forests on land without previous forests, forests replanted after logging or due to other causes, forests planted to restore degraded natural forests, and regenerating planted forests after logging when the following criteria are met:

1. The canopy cover of planted forest trees is 0.1 or higher.

2. Contiguous area of 0.3 hectares or more.

3. The average height of forest trees is classified according to site conditions as follows:

Amended and supplemented provisions:

a) Planted forests on hills, mountainous land, and plains, on acid-sulfate soils: the average height of forest trees is 5.0 m or higher;

b) Planted forests on rocky mountains with interspersed soil, on freshwater-flooded land: the average height of forest trees is 2.0 m or higher;

c) Planted forests on sandy soil, saline-flooded land: the average height of forest trees is 1.0 m or higher.

Article 6. Criteria for special-use forests

1. National parks meet the following criteria:

a) There is at least 01 characteristic natural ecosystem of a region, country, or internationally, or at least 01 species endemic to Vietnam, or more than 05 species listed in the List of endangered, precious, and rare forest plants and animals;

b) Has special value for science and education; has environmental landscapes, unique natural beauty, and value for ecotourism, resort, and recreation;

c) Has a contiguous area of at least 7,000 ha, of which at least 70% of the area is forest ecosystems.

2. A nature reserve meets the following criteria:

a) Having a natural ecosystem that is important to the nation, internationally, distinctive, or representative of a natural ecological region;

b) Is a natural habitat for at least 05 species listed in the List of endangered, precious, and rare forest plants and animals;

c) Has special value for science, education, or ecotourism, resort, and recreation;

d) Contiguous area of at least 5,000 ha, of which at least 90% of the area is forest ecosystems.

3. Species-habitat reserves meet the following criteria:

a) It is a regular or seasonal natural habitat of at least one endemic species or a species listed in the Red Book of endangered, precious, or rare forest plants and wildlife;

b) It must ensure living conditions, food, and reproduction to sustainably conserve endemic species or species listed in the Red Book of endangered, precious, or rare forest plants and wildlife;

c) It has special value for science and education;

d) It has a contiguous area that meets the sustainable conservation requirements of species listed in the Red Book of endangered, precious, or rare forest plants and wildlife.

4. Landscape protection areas include:

a) Forests preserving historical-cultural relics and scenic spots meet the following criteria: having environmental landscapes and unique natural beauty; containing historical-cultural relics or scenic spots that have been ranked by competent state agencies or objects listed in the inventory of relics according to the provisions of cultural law; having value for science, education, ecotourism, recreation, and entertainment;

b) Religious forests meet the following criteria: having environmental landscapes and unique natural beauty; forests associated with the beliefs, customs, and practices of communities living dependent on the forest;

c) Forests protecting the environment of urban areas, industrial zones, export processing zones, economic zones, and high-tech zones meet the following criteria: forests with the function of protection, safeguarding landscapes and the environment; planned in association with urban areas, industrial zones, export processing zones, economic zones, and high-tech zones.

5. The research and scientific experimental forest meets the following criteria:

a) There is an ecosystem that meets the research and scientific experimentation requirements of scientific and technological organizations, as well as vocational training and education institutions that have the function and task of forestry scientific research and experimentation;

b) There is an area scale suitable for the goals and requirements of scientific research and experimentation, technology development, and long-term forestry training.

6. National Botanical Garden

A forest area that stores and collects plant species in Vietnam and around the world for research, sightseeing, and education, with a number of woody species from 500 species or more and a minimum area of 50 hectares.

7. National seedling forests meet the following criteria:

a) Are transformed seedling forests or planted seedling forests of species listed in the main forestry crop seedling list;

b) Meet the requirements of national standards for seedling forests, with a minimum area of 30 hectares.

Article 7. Criteria for Protection Forests

1. Headwater protection forests are forests located in the basin of rivers or lakes, meeting the following criteria:

a) Regarding terrain: having hilly or mountainous terrain with a slope of 15 degrees or more;

b) Regarding rainfall: having an average annual rainfall of 2,000 mm or more, or 1,000 mm or more but concentrated in 2 - 3 months;

c) Regarding soil mechanical composition and soil layer thickness: sandy or medium or thin sandy loam soils with a soil layer thickness of less than 70 cm; if it is light or medium loam, the soil layer thickness is less than 30 cm.

2. Community water source protection forests

Forests that directly provide water sources for the living and production needs of local communities; associated with good customs, practices, and traditions of the community, and are protected and used by the community.

3. Border protection forests

The protection forest area is located within the border belt area, associated with key national defense and security points, and is established at the proposal of the border management agency.

4. Windbreak and sand-fixing protection forests meet the following criteria:

a) The windbreak and sand-fixing protection forest belt adjacent to the coastline: for coastal areas subject to erosion, the minimum width of the forest belt is 300 m measured from the waterline corresponding to the highest annual tide inland; for coastal areas not subject to erosion, the minimum width of the forest belt is 200 m measured from the waterline corresponding to the highest annual tide inland;

b) Protective forest belts that block wind and sand behind the forest belt specified in point a of this clause: the minimum width of the forest belt is 40 m in the case of sandy areas of 100 ha or more, mobile sand areas, or sand areas with slopes of 25 degrees or more. The minimum width of the forest belt is 30 m in the case of sandy areas under 100 ha, stabilized sand areas, or sand areas with slopes under 25 degrees.

5. Protective forests that block waves and reclaim land must meet the following criteria:

a) For accreting or stable coastal areas, the width of the protective forest belt that blocks waves and reclaims land ranges from 300 m to 1,000 m depending on each ecological zone;

b) For eroding coastal areas, the minimum width of the protective forest belt that blocks waves and reclaims land is 150 m;

c) For river mouths, the minimum width of the protective forest belt that blocks waves and reclaims land is 20 m measured from the foot of the dyke and must have at least 3 rows of trees or more;

d) For coastal lagoon areas, the minimum width of the protective forest belt for wave and sea encroachment control is 100 m where there is a dyke, and 250 m where there is no dyke.

Article 8. Criteria for production forests

Forests that meet the criteria for natural forests and planted forests as prescribed in Articles 4 and 5 of this Decree, but do not fall under the criteria for special-use forests or protective forests as prescribed in Articles 6 and 7 of this Decree.

Section 2. MANAGEMENT OF SPECIAL-USE FORESTS

Supplementary provisions

Article 9. Establishment of special-use forest areas

1. Principles for the establishment of special-use forest areas

(a) There must be a project for establishing a special-use forest area in accordance with the national forestry plan, not belonging to the objects prescribed in point c, clause 1, Article 8 of Decree No. 65/2010/NĐ-CP dated June 11, 2010, of the Government detailing and guiding the implementation of certain articles of the Biodiversity Law;

(b) Meeting the criteria for each type of special-use forest as prescribed in Article 6 of this Decree.

2. Content of the project for establishing a special-use forest

a) Assess natural conditions, current forest status, natural ecosystems; values regarding biodiversity, biological genetic resources; historical, cultural, landscape, ecotourism, recreation and leisure values; scientific, experimental, environmental education values and provision of forest environmental services;

b) Assess the current state of forest, land, and water management and use in the project area;

c) Assess the current state of population and socio-economic conditions;

d) Determine the objectives of establishing the special-use forest in accordance with special-use forest criteria;

e) Determine the boundaries, area of the special-use forest, sub-zones, and buffer zones on the map;

f) Activity programs, plans to stabilize the livelihood of people in the buffer zone, implementation solutions, and management organization;

g) Determine the estimated investment capital, the phased investment for constructing the special-use forest; regular funding for activities of forest protection, conservation, and improving people's livelihoods; investment efficiency;

h) Organize the implementation of the project.

3. The dossier for establishing a special-use forest includes:

a) Proposal for establishing a special-use forest (original copy);

b) Project for establishing a special-use forest (original copy);

c) Current status map of the special-use forest (original copy) at a scale of 1/5,000 or 1/10,000 or 1/25,000 according to the VN2000 reference system, depending on the area size of the special-use forest;

d) Compilation of opinions from relevant agencies, organizations, and individuals;

đ) Appraisal results.

4. Procedure for establishing a special-use forest located in the territory of 02 or more provinces or centrally-run cities:

The Ministry of Agriculture and Rural Development shall take the lead in organizing the project development and submit it to the Prime Minister for a decision on the establishment of the special-use forest, according to the following procedure:

a) Organize the development of a project for establishing a special-use forest in accordance with the provisions of Clause 2 of this Article;

b) Collect opinions from ministries, ministerial-level agencies, provincial People's Committees, relevant organizations, and individuals. Within 20 working days from the date of receiving the request for feedback, agencies, organizations, and individuals are responsible for responding in writing to the Ministry of Agriculture and Rural Development;

c) Within 30 working days, the Ministry of Agriculture and Rural Development shall complete the appraisal of the project dossier for establishing a special-use forest;

d) Within 30 working days from the date of receiving a complete dossier as prescribed in Clause 3 of this Article, the Prime Minister shall consider and decide on the establishment of the special-use forest.

5. Procedure for establishing special-use forests not stipulated in Clause 4 of this Article

The Department of Agriculture and Rural Development shall take the lead in organizing the preparation of the project and submit it to the provincial People's Committee for a decision on establishing the special-use forest according to the following procedure:

a) Organize the development of a project for establishing a special-use forest in accordance with the provisions of Clause 2 of this Article;

b) Collect opinions from the Ministry of Agriculture and Rural Development and relevant agencies, organizations, and individuals. Within 20 working days from the date of receiving the request for feedback, the agencies, organizations, and individuals are responsible for responding in writing to the provincial People's Committee;

c) Within 30 working days, the Department of Agriculture and Rural Development completes the appraisal of the project dossier for establishing the special-use forest;

d) Within 30 working days from the date of receiving the complete dossier as prescribed in Clause 3 of this Article, the Chairman of the provincial People's Committee shall consider the decision to establish the special-use forest.

Article 10. Responsibilities for management of special-use forests

1. The Ministry of Agriculture and Rural Development is responsible before the Government for state management of the special-use forest system nationwide; directly organizing the management of special-use forests located in areas of 02 or more provinces and centrally-run cities.

2. The provincial-level People's Committees manage the special-use forest system in their localities.

Article 11. Protection of Special-Use Forests

1. Protecting the forest ecosystem

a) The protection of the forest ecosystem is carried out in accordance with the provisions of Article 37 of the Forestry Law;

b) Do not carry out the following activities in special-use forests: activities that alter the natural landscape of the forest; illegal exploitation of biological resources and other natural resources; causing environmental pollution; bringing toxic chemicals, explosives, flammable substances into the forest contrary to legal regulations; grazing livestock, poultry, or pets in the strictly protected zones of special-use forests.

2. Protect forest plants and forest animals

a) The protection of forest plants and forest animals is carried out in accordance with the provisions of Article 38 of the Forestry Law; the regulations of the Government on the management of endangered, precious, and rare forest plants and animals, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

b) All forest animal species in special-use forest areas must be protected, and activities that negatively affect the natural habitats and food sources of the forest animals must not be carried out;

c) Release healthy, disease-free native animal species that already exist in the protected forest; the number of animals of each species released into the forest must be suitable for their habitat and food sources, and must ensure the ecological balance of the forest;

d) Do not release or raise, cultivate animal or plant species that are not naturally distributed in the protected forest.

3. Comply with the regulations on forest fire prevention and firefighting as stipulated in Chapter IV of this Decree.

4. Comply with the regulations on the prevention and control of forest pests as stipulated in Article 40 of the Forestry Law.

Amended and supplemented provisions:

Supplementary provisions

Article 12. Exploitation of forest products in protected forests

1. For national parks, nature reserves, species-habitat conservation areas:

a) Subjects of exploitation and specimen collection: according to the provisions at points b, c, and d, Clause 1, Article 52 of the Forestry Law;

b) Conditions: having plans for sustainable timber exploitation as prescribed by the Ministry of Agriculture and Rural Development for the subjects specified in point b, clause 1, Article 52 of the Law on Forestry; decision on converting forest use purposes to other purposes for the subjects specified in point c, clause 1, Article 52 of the Law on Forestry; approved scientific research programs and projects for the subjects specified in point d, clause 1, Article 52 of the Law on Forestry.

2. For landscape protection forests

a) Subjects for exploitation and specimen collection: as prescribed in clause 2, Article 52 of the Law on Forestry;

b) Conditions: There is a forestry project in the case of utilization exploitation during the implementation of silvicultural measures for the subjects specified in point a, clause 2, Article 52 of the Forestry Law; a decision to convert the purpose of forest use to another purpose for subjects of utilization exploitation within the scope of site clearance as stipulated in point a, clause 2, Article 52 of the Forestry Law; approved programs or scientific research topics for subjects specified in point b, clause 2, Article 52 of the Forestry Law; timber harvesting recovery plans according to the regulations of the Ministry of Agriculture and Rural Development for subjects specified in point c, clause 2, Article 52 of the Forestry Law.

3. For the research forest, scientific experiments

a) Subjects of exploitation and sample collection: according to the provisions in Clause 3, Article 52 of the Forestry Law;

b) Conditions: There is an approved scientific research program or topic for the subjects specified in points a and c, clause 3, Article 52 of the Forestry Law; a silvicultural project in the case of utilization logging during the implementation of silvicultural measures for the subjects specified in point b, clause 3, Article 52 of the Forestry Law; a decision to convert the purpose of forest use to another purpose for the subjects of utilization logging within the scope of land clearance as specified in point b, clause 3, Article 52 of the Forestry Law.

4. For national botanical gardens, national seedling forests

a) Subject of exploitation: according to the provisions in Clause 4, Article 52 of the Forestry Law;

b) Conditions: having a forestry project in the case of utilization logging during the implementation of silvicultural measures for the objects specified in point b, clause 4, Article 52 of the Forestry Law; a timber utilization logging plan in accordance with the regulations of the Ministry of Agriculture and Rural Development for the objects specified in point b, clause 4, Article 52 of the Forestry Law; a decision to convert forest land to other purposes for objects of utilization logging within the scope of site clearance specified in point b, clause 4, Article 52 of the Forestry Law.

Article 13. Scientific research, teaching, and internship activities in special-use forests

1. In case the forest owner organizes themselves, it shall be implemented according to the approved topics, projects, or plans.

2. For scientific research organizations, training institutions, scientists, students carrying out scientific research, teaching, or internships, except for the provisions in Clause 1 of this Article, the following requirements must be met:

a) Have a plan for scientific research, teaching, or internships in the special-use forest (original copy);

b) Scientific research activities, teaching, internships, specimen collection, genetic resources, transportation, preservation, and publication of specimens and genetic resources shall be carried out in accordance with legal regulations, management rules, and under the guidance and supervision of the forest owner;

c) Notify the forest owner about the results of scientific research, teaching, internships; and materials published domestically or internationally (if any).

Amended and supplemented provisions:

Article 14. Procedures for the preparation, appraisal, approval, and implementation of ecotourism, recreational, and entertainment projects in special-use forests

1. The forest owner shall prepare ecotourism, recreational, and entertainment projects in accordance with the approved sustainable forest management plan. The main content of the project includes:

a) The current status of natural resources; tourism resources and types of ecotourism, recreational, and entertainment products;

b) Detailed explanation of the development plan for eco-tourism, resort, and entertainment routes and locations, including: location, area, current status, purpose, time, and implementation method;

c) Locations and scale of construction of facilities serving eco-tourism, resort, and entertainment;

d) Solutions for forest protection and development, nature conservation, biodiversity, and environmental protection;

d) Organization of monitoring activities for eco-tourism, resort, and entertainment;

e) Types of maps at scales of 1/5,000 or 1/10,000 or 1/25,000 according to the VN2000 reference system, including: map of the current status of natural resources and tourism of the special-use forest; map of planning of tourism, resort, and entertainment routes and points, organization of architectural space and tourism infrastructure of the special-use forest.

2. The dossier of the eco-tourism, resort, and entertainment project includes:

a) Proposal of the forest owner (original copy);

b) The ecotourism, resort, and entertainment project specified in Clause 1 of this Article (original copy).

3. Procedure for appraisal and approval of ecotourism, resort, and entertainment projects

a) The forest owner shall send directly or via postal service 02 sets of dossiers specified in Clause 2 of this Article to the Department of Agriculture and Rural Development for special-use forests under local management, or to the General Department of Forestry for special-use forests under the management of the Ministry of Agriculture and Rural Development.

In case the dossiers are not valid, within 03 working days from the date of receipt, the receiving agency must notify the forest owner in writing to complete them;

b) Within 15 working days, the receiving agency specified in point a of this Clause shall organize to collect opinions from relevant agencies, organizations, and individuals;

c) Within 20 working days, the agency receiving the application at point a of this clause shall complete the evaluation of the ecotourism, resort, and entertainment project application;

d) Within 15 working days from the date of receiving the complete application from the agency receiving the application at point a of this clause, the Provincial People's Committee or the Ministry of Agriculture and Rural Development shall approve the ecotourism, resort, and entertainment project.

4. The content of the evaluation of the ecotourism, resort, and entertainment project includes:

a) Current status of natural resources, tourism resources, and types of tourism products;

b) Location and scale of construction of ecotourism, resort, and entertainment facilities;

c) Time and method of implementation;

d) Solutions for forest protection and development, nature conservation, biodiversity, and environmental protection;

d) Organization of supervision of ecotourism, resort, and entertainment activities.

5. Implementation of the ecotourism, resort, and entertainment project

a) After the ecotourism, resort, and entertainment project is approved, the forest owner shall take the lead and coordinate with organizations and individuals to develop the ecotourism, resort, and entertainment project through self-organization, partnership, or leasing of the forest environment in accordance with the approved ecotourism, resort, and entertainment project. The development of the ecotourism, resort, and entertainment project must comply with the provisions of the Forestry Law and other relevant legal regulations;

b) The forest owner is responsible for guiding, inspecting, and supervising organizations and individuals renting the forest environment to implement the project in accordance with legal regulations;

c) The funding for developing an ecotourism, resort, and entertainment project is balanced in the annual financial plan according to current State regulations. In cases of collaboration with other organizations or individuals, the funding for developing the ecotourism project is mutually agreed upon by both parties. The funding for developing ecotourism, resort, and entertainment projects is ensured by the organization or individual renting the forest environment.

6. Renting forest environments for ecotourism, resort, and entertainment services

a) Forest owners are allowed to lease special-use forest areas to organizations and individuals for the purpose of ecotourism, resort, and recreational services. The leasing of special-use forest areas for ecotourism, resort, and recreational services must be widely announced. The lease price for forest areas is agreed upon by the parties but shall not be lower than 1% of the total annual revenue of the lessee for the leased forest area; in cases where two or more organizations or individuals request to lease the forest area, an auction shall be organized with a starting price not lower than 1% of the total annual revenue of the lessee for the leased forest area. The lease term shall not exceed 30 years, with an evaluation of contract performance every 5 years. Upon expiration of the lease term, if the lessee has fulfilled the contract and has a demand to continue, the forest owner will consider extending the lease period.

b) Before signing a forest environment rental contract, the forest owner must conduct a survey and inventory of forest resources in the rented area as a basis for rental and for monitoring and evaluating contract implementation.

Amended and supplemented provisions:

Article 15. Management of construction projects serving ecotourism, resort, and entertainment in special-use forests

1. Construction works serving ecological tourism, resorts, and entertainment must ensure that they do not affect the biodiversity and natural landscape of the forest; they must be in accordance with the ecological tourism, resort, and entertainment projects approved by the competent authority as stipulated in point d, clause 3, Article 14 of this Decree.

2. In the strictly protected zone, only trails, aerial cableways, underground cableways, landscape observation stations, rest shelters, and forest protection signs combined with ecological tourism are allowed.

3. In the ecological restoration zone, only suitable road routes are allowed but must not exceed the scale of a grade IV mountain road, landscape observation stations, rest shelters, signs, aerial cableways, underground cableways, and pedestrian bridges in flooded forest areas.

4. In the administrative service areas of national parks, nature reserves, species and habitat conservation areas; landscape protection areas; experimental scientific research forest areas, constructions serving ecotourism, resort, and recreational activities, as well as promoting the value of historical-cultural relics and scenic spots, are built in accordance with the following principles:

a) Not affecting conservation objectives, not destroying the environmental landscape, not cutting down forests; constructions must be based on nature, harmonize with the environmental landscape, and the maximum height of resort constructions shall not exceed 12 meters;

b) Not causing loss of State ownership over forests, natural resources on the surface and underground;

c) Constructions are only allowed on vacant land, grasslands, or lands with shrubs that cannot naturally regenerate;

d) Responsible for protecting, conserving, and developing forest resources in the area where ecotourism, resort, and recreational activities are organized; subject to the guidance, inspection, and supervision of the forest owner;

d) Not affecting national defense, security, scenic spots, and historical-cultural relics.

Article 16. Stabilizing the livelihoods of residents living in special-use forests and the buffer zones of special-use forests

1. Determining the buffer zone

a) Inner buffer zone of the special-use forest: areas with communities or settlements that were already living there before the establishment of the special-use forest, without conditions for relocation outside the special-use forest; having long-term local population stabilization planning in accordance with the planning of the special-use forest; the area of the inner buffer zone is determined based on the current status of the land, water surfaces actually used by the community, and stable cultivation before the establishment of the special-use forest;

b) The buffer zone outside the special-use forest: an area where communities live and engage in production and business activities, and carry out daily life according to tradition; areas that include the villages adjacent to the outer boundary of the special-use forest;

c) Special-use forests that border national boundaries, protection forests, other reserves, or defense areas are not required to have a defined external buffer zone for the parts that are adjacent.

2. Content of the program or investment project for the development of buffer zones

a) Assess natural conditions, population, socio-economic aspects, current forest resources, land use, and water surfaces;

b) Organize measures to protect forests, conserve natural ecosystems and biodiversity;

c) Support the community in the buffer zone in forestry, agriculture, and fisheries production effectively for economic, social, and environmental purposes and in accordance with local traditions;

d) Propagate and educate to raise awareness of the law on forest protection, ecosystem conservation, and biodiversity;

d) Support investment in infrastructure serving socio-economic development to reduce pressure on conservation work in special-use forest areas according to investment policies and financial mechanisms for the special-use forest system as prescribed;

e) Identify investment capital needs, investment sources, and investment phases;

g) Organize the management of buffer zones, specifically stipulating the obligations, responsibilities, and powers of commune-level People’s Committees, villages, local communities in buffer zones, and the Management Board of special-use forest areas in implementing buffer zone investment projects.

3. The management board of the special-use forest shall take the lead and coordinate with the authorities and local communities to develop programs and investment projects for buffer zone development. The dossiers should be submitted for appraisal and approval of buffer zone programs and investment projects in accordance with the provisions of the Public Investment Law.

Section 3. PROTECTION FOREST MANAGEMENT

Supplementary provisions

Article 17. Establishment of protection forests

1. Principles for establishing protection forests

a) There must be a project for establishing protection forests that aligns with the national forestry planning;

b) Meet the criteria for each type of protection forest as prescribed in Article 7 of this Decree.

2. Contents of the project for establishing protection forests

a) Assess natural conditions, current forest status, natural ecosystems; protective, eco-tourism, recreation, and entertainment values; supply of timber and non-timber forest products; provision of forest environmental services and biodiversity.

b) Assess the current state of forest, land, and water management and use in the project area;

c) Assess the current state of population and socio-economic conditions;

d) Determine the objectives for establishing the protection forest area that meet the criteria of a protection forest;

d) Determine the boundary scope and area of the protection forest on the map;

e) Activity programs, implementation solutions, and management organization;

g) Determine the estimated investment capital, the investment schedule for building the protection forest; regular funding for activities to protect and improve local people's livelihoods; investment efficiency;

h) Organize the implementation of the project.

3. The dossier for establishing a protection forest includes:

a) Proposal from the management authority of the protection forest (original copy);

b) Project for establishing the protection forest (original copy);

c) Current status map of the protection forest (original copy) at a scale of 1/5,000 or 1/10,000 or 1/25,000 according to the VN2000 reference system depending on the area of the protection forest;

d) Compilation of opinions from relevant agencies, organizations, and individuals;

đ) Appraisal results.

4. The procedure for establishing a protection forest located in the territory of 2 provinces or centrally governed cities or more.

The Ministry of Agriculture and Rural Development shall take the lead in organizing the preparation of the project and submit it to the Prime Minister for a decision on the establishment of a protective forest area according to the following procedure:

a) Organize the preparation of the protective forest establishment project in accordance with the provisions of clause 2 of this Article;

b) Take opinions from ministries, ministerial-level agencies, provincial People's Committees, and relevant organizations and individuals.

Within 20 working days from the date of receiving the consultation request, agencies, organizations, and individuals are responsible for responding in writing to the Ministry of Agriculture and Rural Development;

c) Within 30 working days, the Ministry of Agriculture and Rural Development completes the appraisal of the project dossier for the establishment of a protection forest;

d) Within 30 working days from the date of receiving the complete dossier as prescribed in Clause 3 of this Article, the Prime Minister shall consider deciding on the establishment of the protection forest.

5. Procedures for establishing a protection forest that are not stipulated in Clause 4 of this Article

The Department of Agriculture and Rural Development shall preside over and organize the preparation, and submit to the Provincial People's Committee for a decision to establish a protection forest according to the following procedures:

a) Organize the preparation of a project for establishing the protection forest in accordance with the provisions in Clause 2 of this Article;

b) Collect opinions from relevant agencies, organizations, and individuals. Within 20 working days from the receipt of the request for comments, the agencies, organizations, and individuals are responsible for responding in writing to the Provincial People's Committee;

c) Within 30 working days, the Department of Agriculture and Rural Development completes the appraisal of the project dossier for establishing the protection forest;

d) Within 30 working days from the date of receipt of the complete dossier as prescribed in Clause 3 of this Article, the Chairman of the Provincial People's Committee shall consider and decide on the establishment of the protection forest.

Article 18. Responsibilities for the management of protection forests

1. The Ministry of Agriculture and Rural Development is responsible to the Government for implementing state management over the system of protection forests nationwide; directly organizing the management of protection forest areas located in the territories of two or more centrally-run provinces or cities.

2. The Provincial People's Committee manages the state over the system of protection forests in the locality.

Article 19. Protection of protection forests

1. Protecting the forest ecosystem

a) The protection of the forest ecosystem is carried out in accordance with the provisions of Article 37 of the Forestry Law;

b) Do not carry out the following activities in the protected forest: activities that change the natural landscape of the forest; illegal exploitation of biological resources and other natural resources; causing environmental pollution; bringing toxic chemicals, explosives, and flammable substances into the forest contrary to legal regulations; grazing livestock, poultry, and pets on newly planted forest areas that are in the care period.

2. Protect forest plants and forest animals

a) The protection of forest plants and forest animals is carried out in accordance with the provisions of Article 38 of the Forestry Law; the regulations of the Government on the management of endangered, precious, and rare forest plants and animals, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

b) All species of wild animals in the protected forest must be protected, and activities that negatively affect their natural habitats and food sources must not be carried out.

3. Comply with the regulations on forest fire prevention and firefighting as stipulated in Chapter IV of this Decree.

4. Implement regulations on the prevention and eradication of harmful organisms in protected forests as stipulated in Article 40 of the Forestry Law.

Supplementary provisions

Article 20. Exploitation of forest products in protected forests

1. Exploitation of natural forest timber

a) Subjects: as prescribed in Clause 1, Article 55 of the Forestry Law;

b) Conditions: have a plan for the thorough exploitation of timber according to the regulations of the Ministry of Agriculture and Rural Development; for harvesting standing trees in areas with a density higher than the regulated density, it is only carried out during the forest opening period;

c) Method of exploitation: for harvesting standing trees, implement selective harvesting method with an intensity not exceeding 20% of the stock; after harvesting, the canopy density of the forest must be greater than 0.6.

2. Exploitation of non-timber forest products in natural forests

a) Subjects: according to the provisions in Clause 2, Article 55 of the Forestry Law;

b) Conditions: must ensure the sustainable development of the forest area, the harvested quantity of each species must not exceed the growth amount of that species; the post-harvest process must not affect the protective function of the forest;

Amended and supplemented provisions:

c) Method of exploitation: decided by the forest owner.

3. Exploitation of timber from planted forests

a) Subjects: according to the provisions in Clause 3, Article 55 of the Forestry Law;

b) Conditions: the forest owner must prepare a timber harvesting plan according to the regulations of the Ministry of Agriculture and Rural Development;

Amended and supplemented provisions:

c) Harvesting method: Thinning of main trees must ensure a remaining density of at least 600 trees/ha and be evenly distributed throughout the plot. Selective harvesting of main trees should not exceed 20% of the stock. Clear-cutting in strips should have a strip width of no more than 30 m; clear-cutting in patches should have a patch area of no more than 3 ha, and the total annual harvested area should not exceed 20% of the total forest area that meets protective standards.

Amended and supplemented provisions:

Amended and supplemented provisions:

4. Utilization harvesting of natural forest and planted timber

a) Target: trees in areas where forests are converted to other land uses, when implementing silvicultural techniques, serving training purposes and scientific research tasks;

b) Conditions: there must be an approval decision from the competent authority regarding the conversion of forest use purpose to another purpose; afforestation projects; programs or scientific research topics.

Article 21. Regulations on benefits from forest product exploitation in protection forests

1. Benefits from forest product exploitation are regulated in Article 55 of the Forestry Law:

a) The owner of the protection forest is entitled to all forest products exploited from natural protection forests after fulfilling financial obligations as prescribed by the State;

b) The owner of the protection forest is entitled to all forest products exploited from protection forests that are planted with state budget funds or supported by programs and projects funded by the state budget after fulfilling financial obligations as prescribed by the State.

c) Forest products harvested from protection forests by individuals assigned or contracted protection forests who invest on their own, after fulfilling financial obligations according to State regulations, are entitled to enjoy all the products obtained.

2. The management board of protection forests is entitled to the value derived from non-timber forest services; it carries out payments to the contracted individuals; shares benefits with households, individuals, and local communities participating in forest protection according to State regulations.

3. The management board of protection forests; individuals assigned or contracted protection forests, once stabilized, are entitled to all combined agricultural, fishery products, and non-timber forest products after fulfilling financial obligations according to State regulations.

Article 22. Scientific research, teaching, and internship activities in protection forests

1. In case the forest owner organizes themselves, it shall be implemented according to the approved topics, projects, or plans.

2. For scientific research organizations, educational institutions, scientists, students, and pupils conducting scientific research, teaching, or internships, except as stipulated in Clause 1 of this Article, the following requirements must be met:

a) Have a scientific research, teaching, or internship plan in the protection forest area (original copy);

b) Scientific research activities, teaching, internships, specimen collection, genetic resources, transportation, preservation, and publication of specimens and genetic resources shall be carried out in accordance with legal regulations, management rules, and under the guidance and supervision of the forest owner;

c) Notify the forest owner about the results of scientific research, teaching, internships; and materials published domestically or internationally (if any).

Amended and supplemented provisions:

Article 23. Procedures, steps for developing, appraising, approving, and organizing the implementation of ecotourism, resort, and recreational projects in protection forests

1. The forest owner shall prepare ecotourism, recreational, and entertainment projects in accordance with the approved sustainable forest management plan. The main content of the project includes:

a) The current status of natural resources; tourism resources and types of ecotourism, recreational, and entertainment products;

b) Provide a detailed explanation of the plan for developing routes and locations for ecotourism, resort, and recreational activities, including: location, area, current status, purpose, timing, and implementation methods;

c) Locations and scale of construction of facilities serving eco-tourism, resort, and entertainment;

d) Measures for forest protection and development, nature conservation, biodiversity preservation, environmental protection, and maintenance of the forest's protective functions;

dd) Organize monitoring of ecotourism activities;

e) Types of ecotourism maps at scales of 1/5,000 or 1/10,000 or 1/25,000 according to the VN2000 reference system include: Maps of the current status of natural resources and tourism of the protected forest; maps planning the routes and tourist spots, organizing architectural space and tourism infrastructure of the protected forest.

2. The dossier of the eco-tourism, resort, and entertainment project includes:

a) Proposal of the forest owner (original copy);

b) The ecotourism, resort, and entertainment project specified in Clause 1 of this Article (original copy).

3. Procedure for appraisal and approval of ecotourism, resort, and entertainment projects

a) The forest owner shall submit directly or via postal services 2 sets of dossiers as prescribed in Clause 2 of this Article to the Department of Agriculture and Rural Development for protected forests under local management; or to the General Department of Forestry for protected forests managed by the Ministry of Agriculture and Rural Development.

In case the dossier is invalid, within 3 working days from the date of receipt of the dossier, the receiving agency must notify the forest owner to complete it.

b) Within 15 working days, the receiving agency specified in point a of this Clause shall organize to collect opinions from relevant agencies, organizations, and individuals;

c) Within 20 working days, the agency receiving the application at point a of this clause shall complete the evaluation of the ecotourism, resort, and entertainment project application;

d) Within 15 working days from the date of receiving the complete dossier submitted by the agency receiving the dossier at point a of this clause, the Provincial People's Committee or the Ministry of Agriculture and Rural Development shall approve the ecotourism, resort, and entertainment project.

4. The content of appraising the ecotourism, resort, and entertainment project includes:

a) Current status of natural resources, tourism resources, and types of tourism products;

b) The location, scale of construction of ecotourism, resort, and entertainment facilities;

c) Time and method of implementation;

d) Measures for forest protection and development, nature conservation, biodiversity preservation, environmental protection, and maintenance of the forest's protective functions;

d) Organization of supervision of ecotourism, resort, and entertainment activities.

5. Implementation of the ecotourism, resort, and entertainment project

a) After the ecotourism, resort, and entertainment project is approved, the forest owner shall take the lead, in coordination with organizations or individuals, to prepare the ecotourism, resort, and entertainment investment project according to the method of self-organization, partnership, or leasing the forest environment in accordance with the approved ecotourism, resort, and entertainment project. The preparation of the ecotourism, resort, and entertainment investment project must comply with the provisions of the Forestry Law and other relevant legal regulations;

b) The forest owner is responsible for guiding, inspecting, and supervising organizations and individuals renting the forest environment to implement the project in accordance with legal regulations;

c) The funding for developing projects on ecotourism, resort, and recreational tourism is balanced within the annual financial plan according to the current regulations of the State. In the case of collaboration with other organizations or individuals, the funding for developing ecotourism investment projects is agreed upon by both parties. The funding for developing ecotourism, resort, and recreational investment projects is ensured by the organization or individual renting the forest environment.

6. Renting forest environments for ecotourism, resort, and entertainment services

a) Forest owners are permitted to allow organizations and individuals to lease protection forest environments for the purpose of conducting ecotourism, resort, and entertainment services. The leasing of protection forest environments for ecotourism, resort, and entertainment services must be widely announced. The rental price of the forest environment is to be mutually agreed upon by the parties but must not be less than 1% of the total annual revenue generated by the party renting the forest environment within the leased area. In the case where two or more organizations or individuals request to lease the forest environment, an auction must be conducted with a starting price of no less than 1% of the total annual revenue generated by the party renting the forest environment within the leased area. The lease term shall not exceed 30 years, with an evaluation of contract performance every 5 years. Upon expiration of the lease term, if the lessee has fulfilled the contract and has the need, the forest owner will consider extending the lease term.

b) Before signing a forest environment rental contract, the forest owner must conduct a survey and inventory of forest resources in the rented area as a basis for rental and for monitoring and evaluating contract implementation.

Amended and supplemented provisions:

Article 24. Management of construction of facilities serving ecotourism, resort, and recreational tourism in protection forests

1. Construction works serving ecotourism, resort, and recreational tourism must ensure they do not affect the protective functions and natural landscape of the forest area; they must conform to the ecotourism, resort, and recreational project approved by the competent authority in accordance with the provisions at point d, clause 3, Article 23 of this Decree.

2. When constructing works serving ecotourism, resort, and recreational activities, ensure the following principles:

a) Do not destroy the environmental landscape, do not cut down forests; construction works must rely on nature, harmonize with the environmental landscape; ensure compliance with legal regulations;

b) Not causing loss of State ownership over forests, natural resources on the surface and underground;

c) Constructions are only allowed on vacant land, grasslands, or lands with shrubs that cannot naturally regenerate;

d) Responsible for protecting, conserving, and developing forest resources in the area where ecotourism, resort, and recreational activities are organized; subject to the guidance, inspection, and supervision of the forest owner;

d) Not affecting national defense, security, scenic spots, and historical-cultural relics.

Article 25. Forestry, agriculture, and fishery production combined in protection forests

1. Principles

a) Do not carry out combined forestry, agriculture, and fishery production in upstream protection forests with a slope of over 30 degrees; coastal areas subject to erosion that belong to windbreak protection forests, sand-blocking forests, wave-blocking forests, and land reclamation areas;

b) Effectively use the space and forest environment to carry out combined agricultural and fisheries production;

c) Harmonize the interests of the State with the interests of forest owners, organizations, individuals, households, and communities participating in forestry activities.

Amended and supplemented provisions:

2. For protection forests that already have trees

Forest owners or stable contracted parties, including households, individuals, and local communities, are allowed to interplant agricultural crops, non-timber forest products, livestock, and aquaculture under the canopy of protection forests, but must not reduce forest area, quality, affect forest regeneration, or the protective function of the forest.

3. For land that does not yet have forest

a) Forest owners, the parties receiving stable contracts are households, individuals, and community groups who use land without forest to combine with agricultural or aquacultural production, but must plant forests on the allocated or contracted land, ensuring that the forested area accounts for at least 80% of the plot for upstream protection forests, windbreak forests, and sand barrier forests; at least 60% for mangrove forests combined with aquaculture. Silvicultural technical measures to develop protection forests are carried out according to the regulations of the Ministry of Agriculture and Rural Development;

b) It is allowed to intercrop agricultural crops, industrial crops, and fruit trees with forest trees on the allocated or contracted land. It is not allowed to graze livestock, poultry, or other animals on newly planted forest areas that are in the care period.

c) The inter-tree planting land areas can be used for agricultural and fishery production combined, with a ratio of no more than 20% of the land area of the assigned or contracted forest plots in the upstream protection forests, windbreak protection forests, and sand-blocking protection forests; 40% of the water surface area for mangrove forests combined with aquaculture.

4. The forest owner or stable contractor is entitled to receive all products obtained from agricultural and fishery production activities combined as specified in Clauses 2 and 3 of this Article.

5. The state forestry management agencies at all levels are responsible for guiding forest owners and stable contractors to carry out combined forestry, agricultural, and fishery production activities in accordance with the law.

Section 4. MANAGEMENT OF PRODUCTION FORESTS

Article 26. Protection of production forests

1. Protecting the forest ecosystem

a) The protection of the forest ecosystem is carried out in accordance with the provisions of Article 37 of the Forestry Law;

b) When carrying out activities that directly affect the forest ecosystem, they must be conducted in accordance with the provisions of the law on environmental protection and may only be carried out after being authorized by the competent state agency.

2. Protect forest plants and forest animals

a) The protection of forest plants and forest animals is implemented according to the provisions of Article 38 of the Forestry Law and the regulations of the Government on the management of rare, precious, and endangered forest plants and animals, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

b) All species of forest animals in production forests must be protected, ensuring their natural habitats and food sources.

3. Implement regulations on forest fire prevention and fighting in accordance with the provisions in Chapter IV of this Decree.

4. Implement regulations on the prevention and control of organisms harmful to production forests according to the provisions of Article 40 of the Forestry Law, and laws on plant protection and quarantine, and veterinary medicine.

Article 27. Development of production forests

1. The contents of production forest development are carried out in accordance with the provisions of Article 48 of the Forestry Law.

2. Organize the development of production forests

a) Forest owners implement the development of production forests according to sustainable forest management plans;

Amended and supplemented provisions:

b) Forest owners invest by themselves or form joint ventures or associations to carry out forest development projects and organize production on the area of production forest land allocated or leased by the State in accordance with the law.

3. Silvicultural measures applied to forest development are carried out according to the regulations of the Ministry of Agriculture and Rural Development.

Article 28. Exploitation of forest products in production forests that are natural forests

1. Main timber harvesting in natural forests

a) Subject: timber trees in rich or medium forests;

b) Condition: carried out in accordance with the provisions of Clause 1, Article 58 of the Forestry Law and not during the forest closure period;

c) Method: selective logging with a maximum exploitation intensity of 35% of the timber volume of the forest plot.

Amended and supplemented provisions:

Amended and supplemented provisions:

2. Exploitation for utilizing timber in natural forests

a) Subjects: on forest areas converted from forest use to other purposes; when implementing silvicultural measures; serving training activities and scientific research tasks;

b) Conditions: there must be an approval decision from a competent authority on converting forest use to other purposes; a silvicultural project; programs, scientific research topics.

3. Harvesting of natural forest timber to the fullest extent

a) Subjects: wood trees, branches, dry stumps, broken trees, burned trees, or trees killed by natural disasters within the forest;

b) Conditions: the forest owner must prepare a timber harvesting plan to the fullest extent according to the regulations of the Ministry of Agriculture and Rural Development.

4. Harvesting ordinary forest plants other than wood, derivatives from ordinary forest plants

a) Subjects: species of ordinary forest plants other than wood, derivatives from ordinary forest plants;

b) Conditions: must ensure the maintenance of sustainable forest development, the yield of exploited species must not exceed the growth rate of that species;

c) Method of exploitation: decided by the forest owner.

5. Exploitation of common forest animals

a) Subjects: common forest animal species;

b) Conditions: the forest owner must have a plan for exploiting common forest animals.

6. Exploitation of endangered, precious, and rare species must be carried out in accordance with the Government's regulations on the management of endangered, precious, and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

7. Benefits from forest product exploitation

Forest owners are entitled to the full value of harvested forest products, after fulfilling financial obligations according to State regulations.

Article 29. Harvesting forest products in production forests which are planted forests

1. Harvesting timber from planted forests

Amended and supplemented provisions:

a) Conditions: after clear-cutting, reforestation must be carried out immediately in the next planting season or forest regeneration. For forests planted with state budget funds, there must be a timber harvesting plan in accordance with the regulations of the Ministry of Agriculture and Rural Development;

b) Harvesting method: clear-cutting in strips, patches, or the entire forest area, as decided by the forest owner.

Amended and supplemented provisions:

Amended and supplemented provisions:

2. Utilization of wood from planted forests

a) Subjects: these are trees on land where the forest has been converted to another use, when carrying out silvicultural measures, or serving training and scientific research purposes;

b) Conditions: forests planted with state budget funds must have an approval decision by a competent authority regarding the conversion of forest land to other purposes; silvicultural projects; programs and scientific research topics.

3. Full exploitation of plantation forest timber

a) Objects: trees that are dry and rotten, fallen or broken, burned, or dead due to natural disasters lying within the forest;

Amended and supplemented provisions:

b) Conditions: plantation forests funded by the state budget with reported volume and location of timber harvesting according to the regulations of the Ministry of Agriculture and Rural Development.

4. Exploitation of endangered, precious, and rare species must be carried out in accordance with the Government's regulations on the management of forest plants and endangered, precious, and rare forest animals, and in compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

5. Benefits from forest product exploitation

a) Plantation forests invested by the forest owner themselves are entitled to receive the full value of forest products;

Amended and supplemented provisions:

b) Plantation forests invested by or supported by the state budget, the forest owner is entitled to receive the full value of forest products after fulfilling financial obligations according to state regulations.

Article 30. Integrated forestry, agriculture, and fishery production in production forests

1. Principles

a) Effectively use the space and forest environment for combined agricultural and fishery production;

b) Harmonize the interests of the State with the interests of forest owners in forestry, agriculture, and fishery production activities.

2. For areas that already have forests

Forest owners are allowed to interplant agricultural crops, non-timber forest products, raise livestock, and cultivate aquatic products under the forest canopy, but must not reduce the forest area, degrade its quality, or affect forest regeneration.

3. For land that does not yet have forest

a) Forest owners are allowed to use land without forests for combined agricultural and fishery production, but they must plant forests on the allocated or leased area to ensure that the forest cover of the forest plot is at least 60% for mangrove forests combined with aquaculture; 70% or more for other forests;

b) Allowed to interplant agricultural crops, industrial crops, and fruit trees with forest trees on the allocated or leased land. Livestock, poultry, and pets are not allowed to graze on newly planted forest land or during the forest care period;

c) Allowed to use the land area between the rows of planted forest trees for combined agricultural and fishery production, not exceeding 40% of the land area of the allocated or leased mangrove forest when combined with aquaculture, and 30% of the land area of other allocated or leased forests.

4. The forest owner is entitled to all products obtained from combined agricultural and fishery production activities as stipulated in paragraphs 2 and 3 of this Article.

Article 31. Scientific research, teaching, and internship activities in production forests

1. The forest owner organizes scientific research and scientific research service activities by themselves.

2. Organizations conducting scientific research, training institutions, scientists, pupils, and students carrying out scientific research, teaching, or internships in the forest must comply with the following regulations:

a) Comply with the provisions of the law on forestry, the law on scientific research, education, training, and related regulations;

b) Have a scientific research, education, and training plan in the forest that is approved by the forest owner;

c) May only collect specimens or genetic resources of species in the quantity specified in the approved scientific research, education, and training plan and approved by the forest owner.

Amended and supplemented provisions:

Article 32. Ecotourism, recreation, and entertainment activities in production forests

1. Forest owners are allowed to organize independently or cooperate with other organizations or individuals to operate ecotourism, resort, and entertainment services, or to lease the forest environment to organizations or individuals for the purpose of ecotourism, resort, and entertainment business.

2. Ecotourism, resort, and entertainment activities must be conducted in accordance with the sustainable forest management plan approved by the competent state authority.

3. The rental fee for the forest environment for ecotourism, resort, and entertainment business, including travel services, tourist transportation, accommodation, food and beverage services, shopping, sports, recreation, health care, sightseeing, advertising, and other related services serving tourists within the forest area of the forest owner, is to be agreed upon by the parties but must not be less than 1% of the total annual revenue of the party leasing the forest environment.

Section 5. CLOSING AND OPENING NATURAL FORESTS; ISSUANCE OF SUSTAINABLE FOREST MANAGEMENT CERTIFICATES

Article 33. Procedures for closing and opening natural forests

1. The basic content of a plan to close or open natural forests includes:

a) Determining the necessity of closing or opening natural forests;

b) Assessing the current socio-economic, national defense, and security conditions in the area;

c) Assessing the current status of forest resources in terms of volume and quality; evaluating the forest ecosystem and biodiversity;

d) Determining management solutions and implementation arrangements during the period of closing or opening natural forests; identifying the lawful rights and interests of stakeholders when implementing the closure or opening of natural forests;

e) Identifying and arranging the funding source for the implementation of closing or opening forests.

2. The procedures for closing or opening natural forests fall under the authority of the Prime Minister.

a) The dossier proposing the closure or opening of natural forests includes: a proposal document from the Ministry of Agriculture and Rural Development; a project on the closure or opening of natural forests;

b) The Ministry of Agriculture and Rural Development submits to the Prime Minister the dossier for closing or opening natural forests as specified in point a of this clause;

c) Within 30 working days from the date of receipt of a valid dossier, the Prime Minister shall review and decide on the closure or opening of natural forests.

3. Procedures for closing or opening natural forests under the authority of the Chairman of the Provincial People's Committee

a) The dossier proposing the closure or opening of natural forests includes: a proposal document from the Department of Agriculture and Rural Development; a project on the closure or opening of natural forests;

b) The Department of Agriculture and Rural Development submits to the Chairman of the Provincial People's Committee the dossiers for closing or opening natural forests as prescribed in point a of this clause. The Chairman of the Provincial People's Committee is responsible for submitting to the People's Council at the same level for approval of the plan to close or open natural forests;

c) Within 10 working days from the date the People's Council at the same level approves the plan to close or open natural forests, the Chairman of the Provincial People's Committee shall consider and decide on the closure or opening of natural forests in the area.

4. Announcement of decisions to close or open natural forests

Decisions to close or open natural forests shall be publicly announced in media nationwide, on the electronic portal of the Ministry of Agriculture and Rural Development, and the provincial People's Committee.

Article 34. Activities of issuing sustainable forest management certificates

1. The activity of issuing sustainable forest management certificates is a conformity assessment service business activity listed in the investment portfolio, a conditional business under the provisions of investment law.

2. The recognition and registration of activities of organizations that assess and issue sustainable forest management certificates are carried out in accordance with the regulations on conditions for conducting conformity assessment service business by the Government.

3. Issuing sustainable forest management certificates according to sustainable forest management standards recognized internationally or the sustainable forest management criteria set by the Ministry of Agriculture and Rural Development as prescribed in Clause 4, Article 28 of the Forestry Law.

Chapter III. FOREST ALLOCATION, FOREST LEASE, FOREST CONVERSION, CHANGE OF FOREST USE PURPOSE TO OTHER PURPOSES, FOREST RECOVERY

Section 1. FOREST ALLOCATION, FOREST LEASE

Amended and supplemented provisions:

Article 35. Forest allocation and lease plan

1. Developing a forest allocation and forest lease plan

a) Annually, the district-level People's Committee is responsible for developing a plan for forest allocation and forest leasing; it shall issue a written notice regarding the request to register the demand for forest allocation and forest leasing to the commune-level People's Committee. The timing for issuing the written notice, appraising, and approving the plan for forest allocation and forest leasing shall coincide with the timing for developing, appraising, and approving the annual land use plan at the district level;

b) Within 20 working days from the date of receiving the written request to register the demand for forest allocation and forest leasing, the commune-level People's Committee shall consolidate the local demand for forest allocation and forest leasing and submit it to the district-level People's Committee; the commune-level demand for forest allocation and forest leasing shall be consolidated according to Form No. 01 Appendix II attached to this Decree;

c) The district-level People's Committee, based on the demand for forest allocation and forest leasing from the commune level, shall compile the area of forests that have not been allocated or leased, and determine the targets for forest allocation and leasing for each commune-level administrative unit; compile the demand and propose the allocation of district-level forest allocation and leasing targets to each commune-level administrative unit.

2. Contents of the forest allocation and leasing plan

a) The area of different types of forests in the district detailed to each commune, including: total forest area; area of forests that have been allocated or leased; area of forests not yet allocated or leased;

b) Proposed area for forest allocation and leasing in each commune; proposed locations for forest allocation and leasing;

c) Forest allocation limits for households, individuals, and community groups in accordance with land allocation limits;

d) Evaluate the effectiveness of the forest allocation and lease plan on socio-economic aspects, the environment, national defense, security; revenues from forest allocation and lease; job creation, labor attraction, poverty reduction; the ability to reasonably exploit forest resources; requirements for conservation, development of forest area and canopy cover associated with the preservation of scenic spots, ethnic culture, and factors affecting national defense and security;

d) Identify resources (in terms of finance, labor, and technology), solutions, and the implementation schedule for the forest allocation and lease plan.

3. Approval of the forest allocation and lease plan

a) In the third quarter of each year, the district-level People's Committee sends the forest allocation and lease plan dossier to the Department of Agriculture and Rural Development, the dossier includes: a submission document; the forest allocation and lease plan; a comprehensive explanatory report; the map of the forest allocation and lease plan;

b) Within 15 working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development is responsible for organizing the appraisal of the forest allocation and forest lease plan at the district level and submitting it to the Provincial People's Committee for approval. In case the forest allocation or lease plan dossier is not valid, the Department of Agriculture and Rural Development is responsible for notifying the district-level People's Committee to complete it;

c) The Provincial People's Committee is responsible for approving the annual forest allocation and lease plan of the district level before December 31.

4. The district-level People's Committee is responsible for publicly posting the approved forest allocation and lease plan at the office of the district-level People's Committee and at the commune-level People's Committee where forests are allocated or leased, for a period of 30 days from the date the plan is approved.

Amended and supplemented provisions:

Article 36. Procedures for forest allocation and forest lease consistent and synchronized with land allocation and land lease

The procedures for forest allocation and forest lease consistent and synchronized with land allocation and land lease shall be carried out according to the provisions of the law on land and the following regulations:

1. The application form for land allocation, forest allocation, land lease, and forest lease shall follow Form No. 02 for organizations, Form No. 03 for households, individuals, and residential communities, Appendix II attached to this Decree.

2. Within 2 working days from the receipt of a valid dossier, the receiving and returning office is responsible for transferring the dossier to the specialized forestry management agency for opinions on the content of the forest allocation and forest lease request. Within 5 working days from the date of receiving the dossier, the specialized forestry management agency shall provide written opinions to the Department of Natural Resources and Environment at the same level.

3. Decisions on land allocation, forest allocation, land lease, and forest lease shall comply with the forms prescribed in this Decree:

a) Decision on land allocation and forest allocation to organizations according to Form No. 04, Appendix II attached to this Decree;

b) Decision on land lease and forest lease to organizations according to Form No. 05, Appendix II attached to this Decree;

c) Decision on land allocation and forest allocation to households, individuals, and residential communities according to Form No. 06, Appendix II attached to this Decree;

d) Decision on land lease and forest lease to households and individuals according to Form No. 07, Appendix II attached to this Decree.

4. Within 03 working days from the date the decision to lease land or lease forest is issued, the Director of the Department of Agriculture and Rural Development shall sign the Forest Lease Contract in the case of organizations renting forests, and the Chairman of the District People's Committee shall sign the Forest Lease Contract in the case of households or individuals renting forests according to Form No. 08, Appendix II attached to this Decree.

Article 37. Completion of forest allocation and forest lease dossiers in cases where land has been allocated, land leased with forest, or the land use rights for forest land have been recognized but forest allocation or lease dossiers have not yet been prepared.

1. Organizations, households, individuals, and community populations that have been allocated land, leased land with forest, or have had their forest land use rights recognized are responsible for coordinating with the relevant specialized forestry management agencies at all levels to complete the forest allocation and forest lease dossiers.

2. The Department of Natural Resources and Environment is responsible for providing information in the cadastral records regarding land areas that have been allocated, leased, or recognized for land use rights so that the specialized forestry management authorities at all levels can complete the forest allocation and leasing files.

3. The specialized forestry management authorities at all levels are responsible for inspecting and reviewing information about forests in cadastral records and in the field, including forest use purposes, forest area, origin, location, boundaries, forest status, and forest stock; completing the forest allocation and leasing files.

Article 38. Completing land allocation and leasing files for cases where forest has been allocated or leased.

1. Organizations, households, individuals, and residential communities that have been allocated or leased forests but have not been allocated or leased land, or have not been recognized for land use rights, shall provide information to the natural resources and environment authorities at all levels to complete the land allocation and land lease dossiers.

2. The specialized forestry management agencies at all levels are responsible for providing information on forest allocation and forest lease dossiers to the Natural Resources and Environment agencies at the same level to complete the land allocation and land lease dossiers and issue Land Use Right Certificates.

3. The Natural Resources and Environment agencies are responsible for leading and coordinating with the specialized forestry management agencies at all levels to verify the applications for land allocation and land lease, conduct field inspections, and submit to the People's Committees at the same level for decisions on land allocation and issuance of Land Use Right Certificates in accordance with land law regulations.

Section 2. CONVERSION OF FORESTS, CHANGE OF FOREST USE PURPOSE TO OTHER PURPOSES

Article 39. Forest conversion plan

Amended and supplemented provisions:

1. The forest owner is responsible for developing the forest conversion plan.

2. The basic content of the forest conversion plan includes:

a) Based on legal grounds, scientific basis, and practical conditions;

b) Characteristics of the forest area regarding: natural conditions; socio-economic conditions; current status of forest resources and biodiversity; assessment of the management, protection, and use situation of the forest area;

c) Determining the area, scope, and boundaries of the forest type on the map;

d) Determining the reasons for forest conversion, management content, solutions, and organization of forest management implementation;

e) Determining the estimated budget; organizing the implementation of the plan.

Amended and supplemented provisions:

Article 40. Procedure and process for forest conversion

1. For the forest area established by the Prime Minister

a) The forest owner sends directly or via postal service 02 sets of dossiers to the Ministry of Agriculture and Rural Development for forests under the management of the Ministry of Agriculture and Rural Development. The dossiers include: the forest owner's request document; the forest type conversion plan;

b) The forest owner sends directly or via postal service 02 sets of dossiers to the Department of Agriculture and Rural Development for forests under the management of the Provincial People's Committee. The dossiers include: the forest owner's request document; the forest type conversion plan;

c) Within 15 working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development is responsible for leading the appraisal; reporting to the Provincial People's Committee with a written request to the Ministry of Agriculture and Rural Development to submit to the Prime Minister for approval of the forest type conversion;

d) Within 30 working days from the date of receiving a complete valid dossier, the Ministry of Agriculture and Rural Development shall review and submit to the Prime Minister for a decision on forest type conversion;

d) Within 30 working days from the date of receiving a complete dossier, the Prime Minister shall review and decide on forest type conversion.

2. For forests established by the provincial People's Committee

a) The forest owner shall submit directly or via postal service 02 sets of dossiers to the Department of Agriculture and Rural Development; the dossier includes: the forest owner's proposal, the plan for forest type conversion;

b) Within 15 working days from the date of receiving a complete dossier, the Department of Agriculture and Rural Development shall submit to the provincial People's Committee for review;

c) Before 15 days of the nearest session of the People's Council, the Provincial People's Committee shall submit to the People's Council of the same level for consideration and decision on the policy of forest type conversion. After 15 days of the session, the People's Council shall issue a Resolution on the policy of forest type conversion;

d) Within 15 working days after the policy decision is made, the Provincial People's Committee shall decide on the forest type conversion.

Amended and supplemented provisions:

Supplementary provisions

Supplementary provisions

Article 41. Sequence and procedures for deciding on the policy of converting forest use purposes to other purposes

1. Cases under the authority of the National Assembly: for projects involving forest use conversion that have been approved by the National Assembly for investment policy, it is not necessary to carry out the sequence and procedures for deciding on the policy of converting forest use purposes to other purposes.

2. Cases under the authority of the Prime Minister

a) The investor sends directly or via postal service 02 sets of dossiers to the Ministry of Agriculture and Rural Development for forests managed by the Ministry of Agriculture and Rural Development. The dossiers include: the investor's request document; the investment project proposal report; the appraisal document of the investment project proposal report from relevant agencies;

b) Within 30 working days from the date of receiving a complete and valid dossier, the Ministry of Agriculture and Rural Development reviews and submits to the Prime Minister for a decision on the policy to convert the forest use purpose to another purpose;

c) The investor sends directly or via postal service 02 sets of dossiers to the Department of Agriculture and Rural Development for forests managed by the province. The dossiers include: the investor's request document; the investment project proposal report; the appraisal document of the investment project proposal report from relevant agencies;

d) Within 15 working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development is responsible for reviewing; reporting to the Provincial People's Committee to submit to the Prime Minister for a decision on the policy of changing forest use to other purposes;

d) Within 30 working days from the date of receiving a complete dossier, the Prime Minister shall consider and decide on the policy of changing forest use to other purposes;

e) In cases that have been decided on investment policy by the Prime Minister, there is no need to comply with the provisions of this clause.

3. Cases under the authority of the Provincial People's Council

a) The investor shall send directly or via postal service 02 sets of dossiers to the Department of Agriculture and Rural Development for the forest area proposed for land-use conversion belonging to organizations. The dossiers include: the investor's request document; the investment project proposal report; the appraisal document of the investment project proposal report by relevant agencies;

b) Within 15 working days from the date of receiving a complete valid dossier, the Department of Agriculture and Rural Development shall submit the dossier to the Provincial People's Committee for consideration;

c) The investor shall send directly or via postal service 02 sets of dossiers to the District People's Committee for the forest area proposed for land-use conversion belonging to households, individuals, or local communities. The dossiers include: the investor's request document; the investment project proposal report; the appraisal document of the investment project proposal report by relevant agencies;

d) Within 15 working days from the date of receiving a complete and valid dossier, the district-level People's Committee shall send the dossier to the provincial-level People's Committee for consideration;

d) At least 15 days before the nearest session of the People's Council, the provincial-level People's Committee shall submit to the People's Council of the same level for consideration and decision on the policy of converting forest land to other purposes. After 15 days from the session, the People's Council shall issue a Resolution on the policy of converting forest land to other purposes;

e) In cases where the provincial-level People's Council has already decided on the investment policy, it is not necessary to follow the provisions in this clause.

Amended and supplemented provisions:

Amended and supplemented provisions:

Article 42. Procedures for converting forest land to other purposes

1. The procedures for converting forest land to other purposes must be synchronized and consistent with the procedures for land use conversion.

2. The Department of Natural Resources and Environment is responsible for coordinating with the specialized forestry management agency to inspect the dossiers regarding the conditions for converting forest land use purposes in accordance with Article 19 of the Forestry Law, while also reviewing and determining the location, area, and current status of the forest before approving the conversion of forest land use purposes.

3. The decision to convert land use purposes by the competent authority must clearly indicate the location and area approved for conversion of forest land use purposes.

4. The application form for converting forest land use purposes in the forest land use conversion dossier shall follow Form No. 09 for organizations and Form No. 10 for households, individuals, and community groups as stipulated in Appendix II attached to this Decree.

Section 3. FOREST RECOVERY

Amended and supplemented provisions:

Article 43. Procedures and processes for forest recovery and forest conversion

1. The procedures and formalities for forest recovery and forest conversion shall be unified and synchronized with the procedures and formalities for land recovery and land conversion, and shall be implemented in accordance with the provisions of the land law.

2. In cases where forest recovery is required in accordance with points a, b, and d of Clause 1, Article 22 of the Law on Forestry, in addition to the provisions of Clause 1 of this Article, it is necessary to base on the results of inspection, examination, and handling of violations by the competent state authorities.

3. The district-level People's Committee is responsible for directing the commune-level People's Committee to organize the management of forests to be recovered for allocation or lease.

Article 44. Compensation for forest damage in cases of forest recovery that is allocated or leased beyond the authorized authority or to inappropriate subjects

1. The People's Committee at the competent level for forest recovery is responsible for establishing an appraisal council:

a) Determine the remaining forest rental fees of the forest owner out of the total forest rental fees that the forest owner has paid to the State, where the paid amount does not originate from the state budget;

b) Determine the value of additional forest products, the value of production forest which is planted forest, and other assets legally invested by the forest owner on the allocated or leased forest area, where the invested funds do not originate from the state budget.

2. The remaining forest rental fees and the value of additional forest products, the value of production forest which is planted forest, and other assets legally invested by the forest owner specified in Clause 1 of this Article belong to the ownership of the forest owner and shall be compensated by the State in accordance with the law governing the State’s liability for compensation.

3. In the case of forest recovery where the forest ownership has been transferred for production forest that is planted forest, compensation shall be provided according to the provisions in Clause 2 of this Article.

4. In cases where forest land is reclaimed and the forest owner has mortgaged, guaranteed, or contributed capital using the value of production forest that is planted forest, the rights and interests of organizations, households, and individuals who have received the mortgage, guarantee, or capital contribution using the value of production forest that is planted forest shall be resolved in accordance with the provisions of civil law.

Chapter IV. FOREST FIRE PREVENTION AND FIGHTING

Section 1. FOREST FIRE PREVENTION

Article 45. Forest fire prevention and fighting plan

1. Responsibility for preparing the forest fire prevention and fighting plan

a) Forest owners who are households, individuals, or residential communities shall prepare the forest fire prevention and fighting plan according to Form No. 01 in Appendix III attached to this Decree;

b) Forest owners who are organizations shall prepare the forest fire prevention and fighting plan according to Form No. 02 in Appendix III attached to this Decree;

c) The commune-level People's Committee is assigned to manage areas of forest that have not been allocated or leased to prepare a forest fire prevention and fighting plan in the locality according to Form No. 03 of Appendix III attached to this Decree.

2. The forest fire prevention and fighting plan prepared by organizations or the commune-level People's Committee according to the provisions at points b and c, clause 1 of this Article must be sent to the District Forest Ranger, Fire Prevention and Fighting, and Rescue Police agencies for feedback.

3. The forest fire prevention and fighting plan must be promptly updated and revised when there are changes in the nature, fire hazard characteristics, and conditions related to forest firefighting activities.

4. The forest owner is responsible for organizing drills of the forest fire prevention and fighting plan in accordance with the provisions of the law on fire prevention and fighting.

5. The Forest Protection Department, Fire Prevention and Fighting Police, and Rescue and Relief forces are responsible for guiding and inspecting the development and implementation of forest fire prevention and fighting plans.

Article 46. Forest fire forecast levels

1. Forest fire forecast levels consist of 5 levels, from Level I to Level V; the symbol for the forest fire warning sign is a half-circle with an outer diameter of 2.5 m, inner diameter of 1.8 m, white background, red border, and a movable arrow indicating the forecast level from Level I to Level V. Detailed regulations on forest fire forecast levels are provided in Form No. 04, Appendix III attached to this Decree.

2. The People's Committee of the province where the forest is located issues the forest fire forecast levels and the reference tables for forest fire forecast levels.

3. Forest Protection agencies at all levels, based on weather and hydrometeorological conditions, forecast and continuously provide information on forest fire forecast levels daily through mass media when the forecast reaches Level IV and Level V.

Article 47. Safety conditions for fire prevention in forests

1. Safety conditions for fire prevention in forests

a) There are regulations and rules on forest fire prevention and fighting; there are fire ban and warning signs placed at prescribed locations, suitable for the characteristics and fire properties of each type of forest;

b) There is a forest fire prevention and fighting plan as prescribed in Article 45 of this Decree;

c) There are forest fire prevention and fighting structures suitable for the characteristics and nature of each type of forest;

d) Equipped with forest fire prevention and fighting tools and devices suitable for the characteristics and fire properties of each type of forest according to the forest fire prevention and fighting plan;

đ) There is a fire prevention and fighting force trained and professionally upgraded in forest fire prevention and fighting, and organized to be on standby, ready to meet on-site fire fighting requirements;

e) Having management records, monitoring forest fire prevention and fighting activities according to the provisions of the law on fire prevention and fighting.

2. For forests that have railways, high-voltage power lines, gas pipelines, petroleum and petroleum product pipelines passing through, and constructions that pose a risk of forest fire, there must be firebreaks and safety corridors suitable for each type of construction according to legal regulations, and regularly check and clear combustible materials from the firebreaks.

3. When burning swidden fields, farmland, or undergrowth to prepare land for afforestation and reduce combustible materials in forests, fire users must:

a) Implement fire prevention and firefighting safety measures;

b) Not burn on days forecasted with forest fire risk level IV or V. On those days, burning should be carried out when the wind is light, before 9 a.m. and after 4 p.m.

c) Before burning, it is necessary to notify the village head, hamlet chief, and the forest fire prevention and fighting team. While burning, it is necessary to arrange people to stand guard and have enough tools to extinguish fire if it spreads into the forest; after burning, all embers must be completely extinguished.

4. The use of fire in facilities, constructions, construction sites, and houses allowed to be placed in the forest must ensure that fire does not spread into the forest; after using fire, all embers must be completely extinguished.

Article 48. Fire prevention requirements for forest development projects

When preparing a forest development project, a fire prevention and fighting solution must be included, ensuring the following contents:

1. Solutions to prevent fire and stop fire from spreading between plots, lots, and forest compartments suitable for the fire characteristics of each type of forest; extending to railways, high-voltage power lines, gas pipelines, oil and petroleum product pipelines, existing houses, and constructions.

2. Forest fire prevention and fighting constructions suitable for the characteristics of each type of forest.

3. The design estimate must ensure sufficient funds for carrying out the firefighting and forest fire protection works.

Article 49. Organization and management of forest firefighting forces

1. The forest owner is the organization responsible for establishing and managing the activities of the forest firefighting team; ensuring funding, equipment, and conditions to maintain the activities of the forest firefighting team.

2. The Forest Protection Department is responsible for establishing and managing the operations of forest fire prevention and fighting units within its management scope; directing, inspecting, and organizing training and professional development in forest fire prevention and fighting; the specialized forest protection force of forest owners and the forest protection force of the facility.

3. The Fire Prevention, Fighting, and Rescue Police Department is responsible for guiding and coordinating with the Forest Protection Department to implement the provisions in Clause 2 of this Article.

4. Training and professional development in firefighting and fire prevention for forest firefighting forces are carried out in accordance with the provisions of the law on fire prevention and fighting.

Article 50. Inspection of forest fire prevention and safety

1. Inspection of forest fire prevention and safety is carried out according to the following contents:

a) Comply with the forest fire prevention and fighting safety conditions stipulated in Article 47 of this Decree and other provisions of the law on fire prevention and fighting;

b) Fulfill the responsibilities of forest fire prevention and fighting suitable for each subject specified in Article 53 and other relevant articles of this Decree and the provisions of the law on fire prevention and fighting;

c) Adhere to the standards, regulations on forest fire prevention and fighting, and the forest fire prevention and fighting requirements of authorized persons or agencies.

2. Forest fire prevention and fighting safety inspections are conducted according to periodic inspections and sudden inspections.

3. The responsibilities for inspecting forest fire prevention and fighting safety before and during the dry season are stipulated as follows:

a) The chairman of the commune-level People's Committee and the forest owner within their management scope are responsible for organizing safety inspections for forest fire prevention and fighting according to the provisions in Clause 2 of this Article;

b) The head of an agency, organization, or the chairman of the district-level People's Committee and above within their management scope are responsible for organizing safety inspections for forest fire prevention and fighting on a regular and unscheduled basis;

c) The Forest Protection Agency is responsible for periodically inspecting forest fire prevention and safety in forests at risk of fire; conducting unscheduled inspections when there are signs of forest fire danger or violations of forest fire prevention and safety regulations, and when there is a special protection request.

d) The Fire Prevention, Fighting, and Rescue Police agency is responsible for inspecting fire safety in forests every 6 months or 1 year for forests at risk of fire and conducting sudden inspections when there are signs of fire danger or violations of forest fire safety regulations, and when special protection is required.

Section 2. FOREST FIRE FIGHTING

Article 51. Responsibility for reporting fires, fighting fires, participating in forest fire fighting, and commanding forest fire fighting

1. People who discover a forest fire must alert those around them and immediately report the fire to one or more of the following units in any way possible:

a) Forest owners;

b) The nearest forest fire prevention and fighting team;

c) The nearest Forest Protection Department or Fire Prevention, Fighting, and Rescue Police agency;

d) The local authorities or the nearest Police or Military agency.

2. The agencies and units specified in Clause 1 of this Article, upon receiving a report of a forest fire occurring within the area they are assigned to manage, must quickly mobilize forces and means to organize firefighting, and at the same time notify other necessary agencies and units to provide support for firefighting; in the case of a forest fire occurring outside the area they are assigned to manage, they must, upon receiving the fire report, quickly notify the agencies and units managing the area where the fire occurs by all means to handle and participate in forest fire suppression.

3. People present at the scene of a forest fire must use all measures to prevent the fire from spreading and to extinguish it; persons participating in firefighting must comply with the orders of the firefighting commander.

4. Forest owners and the forces of police, forest rangers, military, militia, and other relevant agencies have the duty to fight the fire and participate in firefighting in accordance with the laws on fire prevention and fighting.

5. The mobilization of forces, means, and assets for forest firefighting, command of forest firefighting, and in urgent situations, the use of the right to decide to demolish, dismantle houses, works, obstacles, and move assets during forest firefighting shall be carried out in accordance with the provisions of the law on fire prevention and fighting.

Article 52. Remediation of consequences and post-forest fire handling

1. The forest owner shall determine the extent of forest damage after a fire, make statistics, and report to the Forest Protection Department, the Fire Prevention and Fighting and Rescue Police, and the local authorities.

2. Based on the extent of damage, the forest owner shall determine and implement forest restoration measures after the fire, including demarcation for nurturing natural regeneration or supplementary planting or establishing new forests.

3. The local Forest Protection Department shall coordinate with the Commune People's Committee to compile and report to the competent authorities on the extent of damage, remedial measures, and damage support.

4. The Forest Ranger Agency, Fire Prevention and Fighting Police, and rescue agencies, as well as investigative agencies, shall determine the cause, the subjects responsible for forest fires, the extent of damage, and handle them according to the provisions of the law.

Section 3. RESPONSIBILITIES FOR FOREST FIRE PREVENTION AND FIGHTING

Article 53. Responsibilities for forest fire prevention and fighting of the forest owner

1. The responsibilities of the forest owner are to organize:

a) Organize the implementation of regulations, rules, safety conditions, and measures for forest fire prevention and fighting according to the provisions of the law;

b) Develop and promulgate regulations, rules, and measures on forest fire prevention and fighting within the forest area they manage;

c) Develop and organize the implementation of plans for forest fire prevention and fighting for the area of forest they manage;

d) Propagating and disseminating laws, knowledge on forest fire prevention and fighting; training in professional forest fire prevention and fighting; establishing, managing, and maintaining the operation of forest fire prevention and fighting teams;

đ) Inspecting safety regarding forest fire prevention and fighting; proposing handling of acts violating regulations and rules on forest fire prevention and fighting and organizing timely rectification of shortcomings, violations of safety regulations on forest fire prevention and fighting within their authority;

e) Investing in construction of works, equipping tools and means for forest fire prevention and fighting;

g) Ensuring investment funding for forest fire prevention and fighting activities according to current State regulations;

h) Periodic and extraordinary reporting on forest fire prevention and fighting activities, timely notifying the local Forest Protection Department, the Fire Prevention, Fighting, and Rescue Police, and the management agency of any changes related to ensuring forest fire prevention and fighting safety within the management scope;

i) Coordinating with other forest owners, local authorities, agencies, and organizations in the vicinity to ensure safety in forest fire prevention and fighting; not causing fire hazards to nearby forests, agencies, organizations, and households;

k) Carrying out forest fire prevention and fighting activities when requested by competent authorities;

l) Coordinating and facilitating competent authorities in investigating and tracing the perpetrators causing forest fires.

2. The responsibilities of forest owners are households, individuals, and local communities.

a) Organize the implementation of regulations, rules, safety conditions, and measures for forest fire prevention and fighting according to the provisions of the law;

b) Inspect forest fire prevention and firefighting safety; propose handling violations of regulations and rules on forest fire prevention and firefighting, and organize timely rectification of shortcomings and violations of forest fire prevention and firefighting safety regulations;

c) Invest in equipping means and tools for forest fire prevention and firefighting as prescribed;

d) Ensure investment funding for forest fire prevention and firefighting activities according to current State regulations;

d) Coordinate with other forest owners, local authorities, and nearby agencies and organizations to ensure forest fire prevention and firefighting safety; not causing fire hazards to forests, agencies, organizations, and neighboring households;

e) Perform fire prevention and firefighting activities as requested by competent authorities;

g) Cooperate with and facilitate competent agencies in investigating and tracking the perpetrators causing forest fires.

Article 54. Responsibilities of the heads of agencies and organizations conducting activities in forests and forest-adjacent areas

1. Implement regulations, internal rules, safety conditions, and measures for forest fire prevention and fighting as prescribed by law.

2. Urge and remind members within their management scope to comply with regulations, internal rules, and safety conditions for forest fire prevention and fighting.

3. Detect fires, report fires, and participate in forest fire fighting.

4. Cooperate with forest owners, agencies, and organizations in the vicinity to ensure safety in forest fire prevention and fighting; avoid causing fire hazards to forest areas.

5. Participate in forest fire prevention and firefighting activities when requested by competent authorities, and actively engage in extinguishing forest fires when they occur.

Article 55. Responsibilities of households, individuals, and community residents living and conducting activities in forests and forest-adjacent areas

1. Implement regulations, internal rules, safety conditions, and measures for forest fire prevention and fighting as prescribed by law.

2. Urge and remind family members to follow the regulations, rules, and safety conditions regarding forest fire prevention and firefighting.

3. Coordinate with forest owners, households, agencies, and organizations in the area to ensure safety in forest fire prevention and firefighting; do not cause fire hazards to forest areas.

4. Participate in forest fire prevention and firefighting activities when requested by competent authorities.

5. Ensure safety in forest fire prevention and firefighting when permitted to use fire sources, heat sources, devices, tools that generate fire or heat, and in storing and using flammable materials in and around the forest.

6. Prevent and promptly report when detecting a direct risk of forest fires and violations of forest fire prevention and fighting safety regulations; report fires and participate in firefighting promptly when a fire is detected, and strictly comply with orders to mobilize participation in forest firefighting.

Article 56. Responsibilities of agencies and units regarding fire prevention and fighting for forest development projects

1. The agency responsible for preparing the forest development project has the following responsibilities:

a) Ensure the requirements for forest fire prevention and fighting when preparing the forest development project;

b) Supervise the implementation process of the forest development project and the construction of forest fire prevention and fighting works;

c) Participate in the acceptance of the forest development project and the forest fire prevention and fighting works.

2. The investor has the following responsibilities:

a) Organize the implementation of the forest development project, and the construction of fire prevention and firefighting works for forests in accordance with the approved project and design;

b) Organize inspection, supervision of construction, and acceptance of the forest development project and forest fire prevention and firefighting works.

3. The unit implementing the forest development project and constructing the forest fire prevention and firefighting works is responsible for the following:

a) Implement the forest development project and construct the forest fire prevention and firefighting works according to the approved design;

b) Ensure fire prevention and firefighting safety during the implementation of the forest development project and the construction of forest fire prevention and firefighting works.

4. The Forest Protection Agency and the Fire Prevention, Firefighting, and Rescue Police, within the scope of their functions and duties, are responsible for the following:

a) Review and respond regarding fire prevention and firefighting solutions for forest development projects, new construction projects, or the renovation of forest fire prevention and firefighting works;

b) Inspect the implementation of requirements and regulations on fire prevention and firefighting, handle violations of regulations on forest fire prevention and firefighting;

c) The Forest Protection Agency participates in the acceptance of fire prevention and firefighting for forest development projects and forest fire prevention and firefighting works.

Chapter V. FOREST ENVIRONMENTAL SERVICES, FOREST PROTECTION AND DEVELOPMENT FUND

Section 1. SUBJECTS, FORMS, AND PAYMENT LEVELS FOR FOREST ENVIRONMENTAL SERVICES

Article 57. Subjects required to pay for forest environmental services

1. Hydropower production facilities as specified in Point a, Clause 2, Article 63 of the Forestry Law.

2. Production and clean water supply facilities as specified in Point b, Clause 2, Article 63 of the Forestry Law.

Amended and supplemented provisions:

3. Industrial production facilities specified in point c, clause 2, Article 63 of the Forestry Law that use water from sources intended for industrial production, including industrial production facilities under sectors as currently regulated.

Amended and supplemented provisions:

4. Organizations and individuals operating ecotourism, resort, and entertainment services as specified in point d, clause 2, Article 63 of the Forestry Law shall make direct payments in accordance with clause 1, Article 58 of this Decree, including: tour services, tourist transportation, tourist accommodation, food and beverage services, shopping, sports, entertainment, health care, sightseeing, advertising, and other related services serving tourists within forest areas providing forest environment services under the management of the forest owner.

Provisions repealed

5. For organizations and individuals engaged in production and business activities that cause large greenhouse gas emissions as prescribed in point đ, clause 2, Article 63 of the Forestry Law, the Ministry of Agriculture and Rural Development shall organize a pilot program until the end of 2020, summarize it, and submit to the Government detailed regulations on subjects, forms of payment, payment levels, management, and use of payment funds for forest carbon absorption and storage services.

Amended and supplemented provisions:

6. Aquaculture facilities specified in point e, clause 2, Article 63 of the Forestry Law are aquaculture enterprises or enterprises linked with households and individuals engaged in aquaculture that directly implement the payment specified in clause 1, Article 58 of this Decree.

Article 58. Forms of payment for forest environmental services

1. The party using forest environmental services shall pay directly to the party providing forest environmental services in accordance with the provisions at point a and point c, clause 3, Article 63 of the Forestry Law, based on a contract of voluntary agreement.

2. The party using forest environmental services shall pay the party providing forest environmental services through the Forest Protection and Development Fund in accordance with the provisions at point b, clause 3, Article 63 of the Forestry Law, applied in cases where the party providing forest environmental services and the party using forest environmental services cannot agree on a contract for payment of forest environmental services via direct payment.

Article 59. Payment levels and determination of amounts for forest environmental service payments

1. The payment rate for forest environmental services applied to hydropower production facilities is 36 VND/kWh of commercial electricity. The electricity output used to calculate the forest environmental service payment is the electricity output of hydropower production facilities sold to the electricity purchaser according to the electricity purchase contract. The amount to be paid for forest environmental services in the payment term is determined by the commercial electricity output in the payment term (kWh) multiplied by the forest environmental service payment rate per kWh (36 VND/kWh).

The amount to be paid for forest environmental services within the payment term is determined by the commercial electricity output during the payment term (kWh) multiplied by the rate of payment for forest environmental services per 1 kWh (36 VND/kWh).

2. The payment rate for forest environmental services applied to clean water production and supply facilities is 52 VND/m³ of commercial water. The water output used to calculate the forest environmental service payment is the water output of the clean water production and supply facility sold to consumers.

The amount to be paid for forest environmental services in the payment period is determined by the commercial water output during the payment period (m3) multiplied by the forest environmental service payment rate per cubic meter of water (52 VND/m3).

3. The payment rate for forest environmental services for industrial production facilities using water from water sources is 50 VND/m3. The volume of water used to calculate the forest environmental service payment is the volume of water used by the industrial production facility, measured by a water meter or by the volume of water permitted by the competent authority or based on water purchase documents between the industrial production facility and the water service provider.

The amount to be paid for forest environmental services during the payment period is determined by the volume of water (m3) used by the industrial production facility multiplied by the forest environmental service payment rate per cubic meter of water (50 VND/m3).

Amended and supplemented provisions:

4. The payment level for forest environmental services of organizations and individuals conducting eco-tourism, resort, and entertainment services as prescribed in point d, clause 2, Article 63 of the Forestry Law is at least 1% of the total revenue realized in the period; the specific payment level is based on practical grounds and conditions, agreed upon by the provider and the user of forest environmental services.

Amended and supplemented provisions:

5. The payment level for forest environmental services of aquaculture enterprises or enterprises associated with households or individuals engaged in aquaculture as prescribed in point e, clause 2, Article 63 of the Forestry Law is at least 1% of the total revenue realized in the period; the specific payment level is based on practical grounds and conditions, agreed upon by the provider and the user of forest environmental services.

6. When the average retail prices of electricity and water specified in clauses 1, 2, and 3 of this Article fluctuate up or down by 20%, the Ministry of Agriculture and Rural Development shall submit to the Government for a decision on adjusting the payment level for forest environmental services accordingly.

Section 2. DETERMINING THE AREA OF FORESTS PROVIDING FOREST ENVIRONMENTAL SERVICES ENTRUSTED THROUGH THE FOREST PROTECTION AND DEVELOPMENT FUND

Article 60. Basis for determining forest area

1. Results of forest surveys and inventories according to the cycle.

2. Results of annual monitoring of forest changes.

3. Watershed maps where forest environmental services are provided.

4. Results of forest environmental service payments from the immediately preceding year.

Article 61. Development of forest environmental service payment maps

1. Annually, the provincial Forest Protection and Development Fund shall take the lead, in coordination with the Forest Ranger Sub-Department and the commune-level People's Committees, to develop a commune-level forest environmental service payment map for forest owners who are households, individuals, community residents, commune-level People's Committees, and other organizations assigned by the State to manage forests, based on overlaying the map of forest inventory results and forest change monitoring at the commune level with the watershed map where forest environmental services are provided. The content for developing the watershed map where forest environmental services are provided is specified in Appendix IV attached to this Decree.

2. Annually, the provincial Forest Protection and Development Fund shall take the lead, in coordination with the Forest Ranger Department and forest owners that are organizations, to develop the forest environmental service payment map based on overlaying the map of forest inventory results and forest change monitoring of the organizational forest owners with the watershed map where forest environmental services are provided.

3. The cost of developing maps for payment for forest environmental services and the cost of developing watershed maps where forest environmental services are provided shall be financed from the management funds of the provincial Forest Protection and Development Fund, from the forest owner who is an organization, or from other legal funding sources.

Article 62. Determine the area of forest for which forest environmental service payments are made for forest owners who are households, individuals, or community groups; the commune-level People's Committee and other organizations assigned by the State to manage forests.

1. Before February 15 every year, the Provincial Forest Protection and Development Fund shall take the lead, in coordination with the Forest Ranger Sub-Department, to determine the forest area that received payment for forest environmental services from the previous year for forest owners, including households, individuals, community residents, commune-level People's Committees, and other organizations assigned by the State to manage forests, based on updated maps of forest environmental service payments from the previous year's forest monitoring results.

Before March 1 of each year, the Provincial Forest Protection and Development Fund shall coordinate with the Forest Ranger Sub-Department to inspect and verify the forest area that was paid for forest environmental services in the previous year for cases with petitions.

2. Before March 15 of each year, the Provincial Forest Protection and Development Fund, in coordination with the Forest Ranger Sub-Department, shall compile the forest area that was paid for forest environmental services in the previous year according to Form No. 01 Appendix V attached to this Decree as a basis for payment of forest environmental service fees.

3. The cost of determining the forest area eligible for forest environmental service payments is paid using the management funds of the Provincial Forest Protection and Development Fund or other legitimate funding sources.

Article 63. Determining the forest area eligible for forest environmental service payments of the forest owner organization

1. Before February 15 every year, the Provincial Forest Protection and Development Fund shall take the lead, in coordination with the Forest Protection Sub-department and the forest owner organization, in determining the forest area eligible for forest environmental service payments from the previous year based on updated maps of forest environmental service payments from the previous year's forest monitoring results.

2. Before February 28 every year, the Provincial Forest Protection and Development Fund, in coordination with the Forest Protection Sub-department and the forest owner organization, shall inspect and verify the forest area eligible for forest environmental service payments in cases of requests.

3. Before March 15 every year, the Provincial Forest Protection and Development Fund shall consolidate the forest area eligible for forest environmental service payments for forest owner organizations according to Form No. 02, Appendix V attached to this Decree as the basis for forest environmental service payment.

4. The cost of determining the forest area eligible for forest environmental service payment is covered using funds from the management budget of the provincial Forest Protection and Development Fund, from the forest owner if it is an organization, or from other legal sources of funds.

Section 3. MANAGEMENT AND USE OF FOREST ENVIRONMENTAL SERVICE FEES THROUGH DIRECT FORM

Article 64. Signing and executing contracts for forest environmental service payments

Amended and supplemented provisions:

1. The provider of forest environmental services signs a contract with the user of forest environmental services, specifying the type of service, payment amount, payment period, and payment method. The payment amount must not be lower than the payment level stipulated in Article 59 of this Decree; the forest environmental service payment contract is made in four copies: the service provider keeps one copy, the service user keeps one copy, the provincial Forest Protection and Development Fund keeps one copy, and the Department of Agriculture and Rural Development keeps one copy.

2. The party using forest environmental services shall pay the party providing forest environmental services from the date of using the forest environmental services in accordance with the forest environmental service payment contract.

Article 65. Use of forest environmental service payment funds

1. The party providing forest environmental services has the right to decide on the use of the funds obtained from forest environmental services after fulfilling financial obligations to the State as prescribed by law.

2. In the case where the forest environmental service provider is an organization, the money earned from forest environmental services, after deducting reasonable expenses related to the organization implementing the forest environmental service payment policy, including payments to the party contracted to protect the forest, the remaining portion is accounted as the organization's revenue and is spent according to the financial law applicable to that organization.

Section 4. MANAGEMENT AND USE OF FUNDS FOR FOREST ENVIRONMENTAL SERVICES ENTRUSTED THROUGH THE FOREST PROTECTION AND DEVELOPMENT FUND

Article 66. Signing the forest environmental service payment contract

1. The party using forest environmental services signs an entrustment contract with the Vietnam Forest Protection and Development Fund for the area providing forest environmental services in the watershed located within the administrative boundaries of two or more provinces.

2. The party using forest environmental services shall sign a trust contract with the Provincial Forest Protection and Development Fund for the area providing forest environmental services within the basin located within the administrative boundary of a province.

3. The trust contract for payment of forest environmental services shall follow Form No. 01 Appendix VI attached to this Decree.

Article 67. Implementation of the contract for payment of forest environmental services

1. The party using forest environmental services shall pay for the forest environmental services from the date of utilizing the forest environmental services.

2. Before October 15, the party using forest environmental services shall send the payment plan for forest environmental services for the following year to the Forest Protection and Development Fund according to Form No. 02 Appendix VI attached to this Decree.

3. No later than 15 days from the end of the quarter, the party using forest environmental services shall prepare a list of payment for forest environmental services according to Form No. 03 Appendix VI attached to this Decree and send it to the Forest Protection and Development Fund.

4. The party using forest environmental services shall pay quarterly; the latest payment time is 20 days from the end of the quarter for Quarters I, II, III; 45 days from the end of the quarter for Quarter IV.

5. No later than 50 days from the end of the year, the party using forest environmental services shall compile and submit forest environmental service payments to the Forest Protection and Development Fund according to Form No. 04 Appendix VI attached to this Decree.

Article 68. Preparing revenue and expenditure plans and management expenditure estimates

1. Vietnam Forest Protection and Development Fund

a) Review and determine the area providing forest environmental services in the basin located within the administrative boundaries of two or more provinces and submit it to the Ministry of Agriculture and Rural Development for announcement;

b) Compile the payment plans of the parties using forest environmental services located within the administrative boundaries of the two provinces and notify the Provincial Forest Protection and Development Fund of the estimated funds to be coordinated according to Form No. 05, Appendix VI attached to this Decree, before October 31 each year;

c) Prepare income and expenditure plans according to Form No. 06, Appendix VI attached to this Decree; prepare management expenditure estimates according to Form No. 07, Appendix VI attached to this Decree in the fourth quarter of each year, report to the Management Council of the Vietnam Forest Protection and Development Fund for approval, and submit to the Ministry of Agriculture and Rural Development for decision.

2. Provincial Forest Protection and Development Fund

a) Review and determine the area providing forest environmental services, and compile a list of service providers.

b) Compile the payment plans for forest environmental services of the parties using forest environmental services;

c) Prepare revenue and expenditure plans according to Form No. 08, Appendix VI attached to this Decree; estimate management expenses according to Form No. 09, Appendix VI attached to this Decree in the fourth quarter of each year; report to the joint management council of the Fund for approval, and submit to the provincial People's Committee for decision;

d) Notify the revenue and expenditure plan to forest owners who are organizations, commune-level People's Committees, and other organizations assigned by the State to manage forests as prescribed by law; send the provincial People's Committee's decision approving the revenue and expenditure plan to the Vietnam Forest Protection and Development Fund.

Article 69. Determination of payments for forest environmental services

Amended and supplemented provisions:

1. Vietnam Forest Protection and Development Fund

Before December 31 each year, based on the actual revenue from forest environmental services in the year and the forest area in the basin announced by the Ministry of Agriculture and Rural Development, the Director of the Vietnam Forest Protection and Development Fund shall determine the amount to be allocated to the provincial-level Forest Protection and Development Fund.

2. Provincial Forest Protection and Development Fund

a) Before March 31 each year, based on the actual forest environmental service payment of the previous year and the result of determining the area of forest entitled to forest environmental service payment, the Director of the Provincial Forest Protection and Development Fund shall determine the payment amount for the previous year's forest environmental service providers to pay to the forest environmental service providers;

b) Before April 15 each year, the Provincial Forest Protection and Development Fund shall notify the forest environmental service providers of the forest environmental service payment amount according to Form No. 10, Form No. 11 of Appendix VI attached to this Decree.

3. Forest owners who are organizations contracted to protect forests

Before June 1 each year, based on the actual amount received from the Provincial Forest Protection and Development Fund, forest owners who are organizations contracted to protect forests shall determine the payment amount for the contracted forest protectors.

4. The content for determining the payment for forest environmental services according to the provisions in Appendix VII attached to this Decree.

Article 70. Use of forest environmental service funds

1. Vietnam Forest Protection and Development Fund

Amended and supplemented provisions:

a) Management funds are allocated up to 0.5% of the total actual collected forest environmental service funds in the year for the activities of the Fund's apparatus. The specific allocation level is included in the Fund's annual revenue and expenditure plan and submitted to the Ministry of Agriculture and Rural Development for approval. The content of the Fund's apparatus activities includes:

Regular expenses: salary expenses, salary allowances and contributions for members of the Fund Executive Board, management responsibility payments for members of the Fund Management Board, Fund Supervisory Board; labor payments; payments for public services, office supplies, information, communication, and propaganda; meeting and conference expenses; business trip expenses, rental expenses; expenses for maintenance and repair of assets serving professional work and infrastructure; program and project appraisal expenses, appraisal in bidding activities; expenses for receipt and payment activities; inspection and supervision expenses and other expenses (if any);

Infrequent expenses: support for developing sustainable forest management plans and granting forest certification; expenses for activities reviewing and determining the area of forest providing environmental services; expenses for conferences, training, and professional skill enhancement; expenses for procurement and major repairs of assets serving the operation of the Fund, procurement of specialized equipment for payment activities; expenses for propaganda; expenses for auditing services; outbound and inbound delegation expenses and other expenses (if any).

b) The content and level of expenditure for the operation of the Fund's apparatus are implemented in accordance with current regulations. In cases where the law does not stipulate the content or level of expenditure, based on financial capacity, the Vietnam Forest Protection and Development Fund shall develop specific expenditure content and levels prescribed in the internal spending regulations;

c) Management expenses specified in point a, clause 1 of this Article are the revenue of the Vietnam Forest Protection and Development Fund, implemented under the financial autonomy mechanism for public service units;

d) After deducting the management expenses set aside, the Vietnam Forest Protection and Development Fund coordinates the remaining amount to the provincial Forest Protection and Development Fund in accordance with clause 1, Article 69 of this Decree;

d) For the amount of money collected from users of forest environmental services but for which the recipients cannot be identified or have not yet been identified, the Vietnam Forest Protection and Development Fund shall allocate that money to provinces with the average payment for forest environmental services per hectare from the lowest upwards.

2. Provincial Forest Protection and Development Fund

Amended and supplemented provisions:

a) Management costs are allocated at a maximum of 10% of the total actual forest environmental service fees collected in the year to cover the activities of the Fund's apparatus. The specific allocation level is detailed in the annual revenue and expenditure plan of the Fund, which is submitted to the Provincial People's Committee for approval. The content of the Fund's apparatus activities includes:

Regular expenses: salary expenses, salary allowances and contributions for members of the Fund Executive Board, management responsibility payments for members of the Fund Management Board, Fund Supervisory Board; labor payments; payments for public services, office supplies, information, communication, and propaganda; meeting and conference expenses; business trip expenses, rental expenses; expenses for maintenance and repair of assets serving professional work and infrastructure; program and project appraisal expenses, appraisal in bidding activities; expenses for receipt and payment activities; inspection and supervision expenses and other expenses (if any);

Non-regular expenditures: expenditures supporting the development of sustainable forest management plans and forest certification; expenditures for activities reviewing and determining the area of forests providing environmental services, technical activities for monitoring and evaluating the quality of forest environmental services; expenditures supporting activities related to payment for forest environmental services at district and commune levels; expenditures for conferences, training, and professional workshops; expenditures for major procurement and repair of assets serving the Fund's operations, procurement of specialized equipment for payment activities; expenditures for propaganda; expenditures for audit services; outgoing and incoming delegation expenses, and other expenses (if any).

b) The content of expenditures, the level of operational expenses for the Fund's apparatus, the concurrent allowance, support for management costs for units and organizations assigned by the provincial People's Committee to support the Provincial Forest Protection and Development Fund in fulfilling the payment tasks shall be implemented according to current regulations. In case the law has not yet stipulated the content or level of expenditures, based on financial capacity, the Provincial Forest Protection and Development Fund shall develop specific content and expenditure levels as prescribed in the internal expenditure regulations;

c) Management funding specified in point a, Clause 2 of this Article is the revenue source of the Provincial Forest Protection and Development Fund and is implemented under the financial autonomy mechanism for public service units;

d) The contingency fund is allocated up to a maximum of 5% of the total actual revenue from forest environmental services in the year to support households, individuals, and local communities assigned or contracted to protect forests sustainably in cases of natural disasters, drought, or when the payment level per unit area of forest environmental services in the province is lower than in the previous year. The Director of the Provincial Forest Protection and Development Fund shall prepare a plan to support the households, individuals, and local communities assigned or contracted for long-term forest protection and submit it to the Provincial People's Committee for approval. Contingency funds that have been approved but have not been used or have not been fully utilized in the year must be returned to the providers of forest environmental services;

d) The remaining amount after deducting the allocated management expenses and the reserve funds used as prescribed in points a and d, Clause 2 of this Article, the Provincial Forest Protection and Development Fund shall pay to the forest environmental service providers in accordance with Clause 2, Article 69 of this Decree;

e) For the money collected from forest environmental service users but whose recipients cannot be identified or have not yet been identified, the Forest Protection and Development Fund shall submit to the Provincial People's Committee for a decision to allocate the forest environmental service funds to providers with the average payment for forest environmental services per hectare from the lowest level upwards; support forest protection and development activities, scattered tree planting, landscape forest planting in areas providing forest environmental services; propagate, disseminate policies, and enhance the capacity to implement the forest environmental service payment policy.

3. Forest owners

a) Forest owners are households, individuals, and community residents who use the entire amount of forest environmental service fees to manage, protect, develop forests, and improve their livelihoods;

Amended and supplemented provisions:

b) Forest owners are enterprises: the entire amount of forest environmental service fees received is the revenue of the enterprise, which is managed and used according to the provisions of the law on finance for enterprises;

Amended and supplemented provisions:

c) Forest owners are organizations not included in point b, clause 3 of this Article that do not contract forest protection or only contract part of the area, the total amount of money received corresponding to the area of self-protected forest is used for activities serving the management and protection of the forest by the forest owner, including: developing and implementing sustainable forest management plans and obtaining forest certification; afforestation projects, technical infrastructure works serving forest protection and development; patrol activities, clearing hotspots, handling violations of laws on forest protection and development; purchasing assets, tools, equipment, maintaining, repairing, and servicing assets and equipment for forest protection activities; Preparing dossiers, developing maps for forest environmental service payments, inspecting, monitoring, evaluating, accepting, propagating, mobilizing, training, conducting workshops, conferences, and other activities serving the work of forest environmental service payments; paying salaries and salary-related allowances to subjects not receiving salaries from the State budget, and other activities serving the management, protection, and development of forests.

The amount of forest environmental service fees received for areas where forest owners self-protect is the income of the forest owners, who manage it in accordance with financial regulations appropriate to the type of organization of the forest owners;

Amended and supplemented provisions:

d) The forest owner, being the organization specified in point c, clause 3 of this Article, who contracts forest protection to organizations, individuals, households, or local communities, shall allocate 10% of the total payment for forest environmental services for the forest area under protection contract mentioned above to cover the management of forest areas providing environmental services, including: forest engineering works, technical infrastructure serving forest protection and development; patrol activities, crackdown on hotspots, handling of legal violations related to forest protection and development; procurement of assets, tools, equipment, maintenance, repair of assets and equipment serving forest protection; preparation of dossiers, construction of forest environmental service payment maps, inspection, supervision, evaluation, acceptance, propaganda, mobilization, training, workshops, conferences, and other activities serving the work of paying for forest environmental services. pay salaries and salary-related allowances to subjects who do not receive salaries from the state budget and other activities serving forest management, protection, and development.

The amount allocated to the management activities of the forest owner is considered income of the forest owner and is managed according to financial regulations appropriate to the type of organization of the forest owner.

The remaining amount after deducting management funds is paid by the forest owner to the contracted party under the provisions of Clause 3, Article 69 of this Decree.

4. The commune-level People’s Committee, or other organizations assigned by the State with forest management responsibilities, shall develop a plan for using forest environmental service funds to serve forest management and protection, submit it to the district-level People’s Committee for approval, and send it to the provincial Forest Protection and Development Fund. The expenditure includes:

Amended and supplemented provisions:

a) Payment for forest rangers;

Amended and supplemented provisions:

b) Fuel for patrol and forest inspection vehicles;

c) Support for those mobilized to participate in preventing and combating illegal logging and forest fires in cases of accidents or injuries;

d) Compensation for night shifts, overtime, and concurrent duties;

dd) Dissemination, propaganda, legal education, and training, professional development in forest protection management;

e) Conferences, seminars for preliminary summarization and emulation and commendation work;

g) Other expenses.

Article 71. Advance payment, settlement, and finalization of forest environmental service payment

1. Advance payment of forest environmental service funds

Based on the approved revenue and expenditure plan, the Provincial Fund for Forest Protection and Development advances environmental service fees for forest environmental service providers and disburses funds to units and organizations assigned to assist the Provincial Fund for Forest Protection and Development in performing payment tasks. The provincial People's Committee shall regulate the number of advances and the advance rate of forest environmental service fees.

2. Payment of forest environmental service fees

a) Based on the actual revenue collected in the year and the results of determining the forest area eligible for environmental service fee payment, the Provincial Fund for Forest Protection and Development or the unit or organization assigned to assist in payment shall make payments to the forest environmental service provider before June 1 of the following year;

b) After completing the payment, the unit or organization assigned to assist in payment prepares a summary report according to Form No. 12 and Form No. 13 in Appendix VI attached to this Decree, and sends it to the provincial Forest Protection and Development Fund along with the vouchers before June 15 of the following year;

c) Based on the amount of management funds used, the content of expenditure, the level of expenditure approved by the provincial People's Committee, and legal expenditure vouchers, the provincial Forest Protection and Development Fund pays the money to the units and organizations assigned to assist in payment.

3. Forms of advance and payment for forest environmental service fees

a) For service providers that are organizations, advances and payments are made through bank accounts;

b) For households, individuals, and community residents, advances and payments are made through bank accounts or in cash. The State encourages advances and payments through bank accounts in places that have sufficient conditions to implement.

4. Settlement of forest environmental service payments:

a) The Forest Protection and Development Fund closes its accounting books on December 31 each year and prepares a settlement report according to Form No. 14, Appendix VI attached to this Decree. The time for preparing and adjusting the settlement report is until June 30 of the following year, and it must be submitted to the direct managing agency before July 15 of the following year;

Amended and supplemented provisions:

b) Forest owners who are organizations performing contracted forest protection prepare a settlement report on the payment funds for forest environmental services according to Form No. 15, Appendix VI attached to this Decree, and submit it to the direct managing agency and the provincial Forest Protection and Development Fund before June 30 of the following year;

c) Commune-level People's Committees and other organizations entrusted by the State with forest management close their accounting books, prepare, and submit reports in accordance with financial management regulations for each type of organization;

d) The Ministry of Agriculture and Rural Development, reviewing the financial settlement reports for forest environmental service payments of the Vietnam Forest Protection and Development Fund;

d) The Department of Agriculture and Rural Development (in case the provincial Forest Protection and Development Fund is under the Department) or the Department of Finance (in case the provincial Forest Protection and Development Fund is under the provincial People's Committee), reviewing the financial settlement reports for forest environmental service payments of the provincial Forest Protection and Development Fund;

e) The directly managing agency reviews the financial settlement reports for forest environmental service payments of forest owners who are affiliated organizations;

g) The district-level financial agency reviews the financial settlement reports for forest environmental service payments of commune-level People's Committees and other organizations assigned by the State to manage forests;

h) The time for reviewing and approving the settlement of funds for forest environmental service payments shall be implemented in accordance with the current regulations on financial regimes for each type of organization.

Article 72. Inspection, supervision, and financial disclosure

1. Inspecting and supervising the management and use of forest environmental service funds

a) The Ministry of Agriculture and Rural Development shall take the lead, in coordination with the Ministry of Finance, to organize inspections at localities and the Vietnam Forest Protection and Development Fund;

b) The Department of Agriculture and Rural Development (in cases where the Forest Protection and Development Fund is under the Department) or the Department of Finance (in cases where the Forest Protection and Development Fund is under the Provincial People's Committee) shall take the lead in organizing inspections of the provincial Forest Protection and Development Fund;

c) The Vietnam Forest Protection and Development Fund inspects the management and use of forest environmental service fees by provincial-level Forest Protection and Development Funds; inspects the payment by the party using forest environmental services;

d) The provincial-level Forest Protection and Development Fund inspects the management and use of forest environmental service fees by related parties in the province; inspects the payment by the party using forest environmental services;

d) Forest owners who are organizations inspect the contracted parties;

e) Agencies, organizations, and the entire population participate in supervising state agencies, organizations, households, individuals, and local communities related to the management and use of forest environmental service fees.

2. Financial transparency

a) The Forest Protection and Development Fund, forest owners who are organizations, the commune-level People's Committee, and other organizations assigned by the State to manage forests shall implement financial transparency in accordance with the provisions of financial law;

b) Publicizing the list of beneficiaries, the amount to be paid, and the quarterly and annual payment plans according to the grassroots democracy regulations through the following forms: posting publicly at the office of the commune-level People's Committee and at community meeting places, or the most convenient public locations for residents to follow; notifying in writing via the commune, hamlet, or village broadcasting system, or announcing in the people's council meeting of the commune, hamlet, or village.

Section 5. EXEMPTION AND REDUCTION OF FOREST ENVIRONMENTAL SERVICE FEES

Article 73. Cases of exemption and reduction

1. Organizations and individuals engaged in business production affected by natural disasters, fires, earthquakes, storms, floods, flash floods, tornadoes, tsunamis, or landslides, causing direct damage to their capital and assets, leading to incapacity or suspension of business production, and not subject to compulsory property insurance under legal regulations.

2. Individuals engaged in business production who lose civil act capacity, die, or are declared dead or missing, having no remaining assets to repay, or whose guardians or true heirs are unable to repay the debt on their behalf.

3. Business organizations that have a dissolution or bankruptcy decision from a competent authority according to legal regulations, having no capital or assets to repay debts to forest environment service providers.

Article 74. Exemption and reduction levels

1. Exemption from forest environmental service fees: organizations and individuals are exempt from 100% of the amount payable for forest environmental services in cases where the risk of capital and asset loss for the party paying for forest environmental services ranges from 70% to 100% compared to total assets or production and business plans, or in cases prescribed in clauses 2 and 3 of Article 73 of this Decree.

2. Reduction of forest environmental service fees: organizations and individuals are entitled to a reduction of up to 50% of the amount payable for forest environmental services in cases where the risk of capital and asset loss for the party paying for forest environmental services ranges from 40% to under 70% compared to total assets or production and business plans.

Article 75. Dossiers and procedures for exemption and reduction

Amended and supplemented provisions:

1. Exemption and reduction dossiers

In the event of a force majeure risk as stipulated in Article 73 of this Decree, the party using forest environmental services shall prepare a set of documents requesting exemption or reduction of forest environmental service fees and send them to the Department of Agriculture and Rural Development (for parties using forest environmental services within the administrative boundaries of one province) or the General Department of Forestry (for parties using forest environmental services within administrative boundaries of two or more provinces). The exemption or reduction dossier includes:

a) The request document for exemption or reduction from the party using forest environmental services or the guardian, heir of the party using forest environmental services, clearly stating the cause, content of force majeure risks; the extent of damage to capital and assets; the content of the exemption or reduction request; the requested period for exemption or reduction;

b) List of losses and damages to capital and assets; a photocopy of the decision on dissolution or bankruptcy (if any) issued by the competent authority in accordance with the law for the forest environmental service user being an organization;

c) In the case of exemption from forest environmental service fees for the forest environmental service user being an individual, besides the request document mentioned in point a, clause 1 of this Article, the guardian must submit a photocopy of the court's decision in case of loss of legal capacity; the heir must submit a photocopy of the death certificate or certificate of disappearance in case of death or disappearance.

2. Procedure for exemption and reduction

a) For directly submitted dossiers, within 1/2 working day from the time of receiving the dossier, the recipient of the dossier must notify the submitter in writing about the validity of the dossier;

b) For dossiers received via postal service or online environment, within 2 working days from the date of receipt of the dossier, the receiving party must notify the submitting party in writing about the validity of the dossier;

c) Within 5 working days from the receipt of a valid exemption or reduction application dossier, the receiving party decides to establish an inspection and verification team;

d) Within 5 working days from the date of establishment decision, the inspection team must carry out the inspection and verification;

d) Within 5 working days after the completion of the inspection, the inspection team completes the report and sends it to the Provincial People's Committee to decide on exemptions or reductions for organizations and individuals using forest environmental services within the administrative boundaries of a province, or sends it to the Ministry of Agriculture and Rural Development to decide on exemptions or reductions for organizations and individuals using forest environmental services within the administrative boundaries spanning two or more provinces;

e) The exemption or reduction decision is sent to the Forest Protection and Development Fund, organizations, and individuals using forest environmental services for implementation.

Section 6. TASKS AND ORGANIZATIONAL STRUCTURE OF THE FOREST PROTECTION AND DEVELOPMENT FUND

Article 76. Tasks of the Forest Protection and Development Fund

1. Tasks of the Forest Protection and Development Fund of Vietnam

a) Review, sign contracts, receive, and manage entrusted funds for the payment of forest environmental services;

b) Mobilize, receive, and manage entrusted financial resources; aid, sponsorship, voluntary contributions, and entrusted funds from domestic and foreign organizations and individuals; other legal financial resources outside the state budget;

c) Receive and manage funds for reforestation replacement;

d) Organize appraisal for submission to the competent authority for approval of programs, projects, and non-project activities supported by the Fund;

Amended and supplemented provisions:

d) Act as a focal point to assist the General Department of Forestry in organizing inspection and supervision of the collection and payment of forest environmental service fees coordinated by the Fund at the provincial Forest Protection and Development Fund;

e) Direct, guide, inspect, and supervise the entities receiving financial support from the Fund;

Amended and supplemented provisions:

g) Implement provisions of law on finance, statistics, accounting, and auditing; report on the management and use of the Fund to the competent authority;

h) Propose to the competent state management agency to issue, supplement, or amend regulations on the subjects and activities supported by the Fund;

Amended and supplemented provisions:

i) Aggregate and report to the Ministry of Agriculture and Rural Development on the annual collection and expenditure of forest environmental service fees nationwide;

k) Carry out propaganda and dissemination of policies on payment for forest environmental services at the central and local levels;

l) Perform other tasks assigned or prescribed by competent state authorities.

2. Tasks of the Provincial Forest Protection and Development Fund:

a) Review, sign contracts, receive, and manage entrusted funds for the payment of forest environmental services;

b) Mobilize, receive, and manage other entrusted financial sources; aid, sponsorship, voluntary contributions from domestic and foreign organizations and individuals; other legal financial sources outside the state budget;

c) Receive and manage funds for reforestation replacement;

d) Represent the supplier of forest environmental services to sign contracts with the user of forest environmental services who must pay on trust to the Provincial Forest Protection and Development Fund;

đ) Act as a focal point to assist competent state authorities in organizing inspection and supervision of the management and use of management funds, and the payment to households contracted for forest protection by forest owners with forest protection contracts;

e) Organize the appraisal to submit to the competent authority for approval of programs, projects, and non-project activities funded by the Fund;

g) Direct, guide, inspect, and supervise the subjects benefiting from the financial resources provided by the Fund;

Amended and supplemented provisions:

h) Comply with the provisions of the law on finance, statistics, accounting, and auditing; report on the management and use of the Fund to the competent authority;

i) Recommend to the competent state management agencies to issue, supplement, or amend regulations on the subjects and activities supported by the Fund;

k) Report to the Provincial People's Committee and the Vietnam Forest Protection and Development Fund on the local revenue and expenditure from forest environmental service fees annually according to Form No. 16 in Appendix VI attached to this Decree;

l) Implement communication and dissemination of relevant legal policies;

m) For provinces and centrally governed cities that are not yet in a position to establish the Forest Protection and Development Fund, the agencies or organizations performing the functions of the provincial Forest Protection and Development Fund are responsible for carrying out the tasks prescribed in this clause.

Article 77. Organizational structure

1. Organization of the Fund at the central level

a) The Vietnam Forest Protection and Development Fund (hereinafter referred to as the central Fund) is established and managed by the Ministry of Agriculture and Rural Development. The Fund has legal entity status, its own seal, and may open accounts at banks and the State Treasury in accordance with the law; it is organized and operates as a public non-business unit;

b) The management and executive apparatus of the Fund consists of: the Fund Management Council, the Supervisory Board, the Executive Board, and specialized departments;

c) The Fund Management Council, the Supervisory Board, and the Executive Board are stipulated in the charter regarding the organization and operation of the Fund, issued by the Minister of Agriculture and Rural Development.

2. Fund organization at the provincial level

a) The Provincial Forest Protection and Development Fund (hereinafter referred to as the provincial Fund) is established by the Chairman of the Provincial People's Committee based on the needs and the ability to mobilize financial resources to serve forest management, protection, and development. The Fund belongs to the Provincial People's Committee or the Department of Agriculture and Rural Development. The Fund has legal status, its own seal, and may open accounts at banks and the State Treasury in accordance with the law; it is organized and operates as a public non-business unit.

b) The management and executive apparatus of the Fund consists of: the Fund Management Council, the Supervisory Board, the Executive Board, and specialized departments;

c) The Fund Management Council, the Supervisory Board, and the Executive Board are stipulated in the charter regarding the organization and operation of the Fund, issued by the Chairman of the Provincial People's Committee.

Article 78. The relationship between the Central Fund and the Provincial Fund

1. Responsibilities of the Central Fund

a) Coordinating forest environmental service fees and other entrusted sources for the Provincial Fund;

b) Providing financial support and technical assistance to the Provincial Fund;

c) Organizing training, workshops, and professional guidance for the Provincial Fund;

d) Organizing exchanges and learning experiences on management operations among Provincial Funds;

đ) Organizing inspections and supervision of the management and use of funds of the provincial Forest Protection and Development Fund.

2. Responsibilities of the Provincial Fund

a) Receiving, managing, and using financial resources and technical support from the Central Fund;

b) Being subject to inspections and supervision by the Central Fund regarding the management and use of the Fund's finances;

c) Reporting the situation of fund management and use to the Central Fund for the purpose of consolidating reports to the Ministry of Agriculture and Rural Development.

Section 7. FINANCIAL SOURCES AND MANAGEMENT, USE OF FINANCE OF THE FOREST PROTECTION AND DEVELOPMENT FUND

Article 79. Financial sources

1. Financial sources of the central fund

a) Payments for forest environmental services; entrusted money from domestic and foreign organizations and individuals under entrustment contracts related to forest protection and development;

b) Money for afforestation as a replacement due to converting forest land to other purposes;

c) Aid, sponsorship, voluntary contributions from domestic and foreign organizations and individuals;

d) Interest from deposits in credit institutions;

e) Other legal financial sources outside the state budget.

2. Financial sources of the provincial fund

a) Payments for forest environmental services; entrusted money from domestic and foreign organizations and individuals under entrustment contracts related to forest protection and development;

b) Money for afforestation as a replacement due to converting forest land to other purposes;

c) Aid, sponsorship, voluntary contributions from domestic and foreign organizations and individuals;

d) Support from the central fund;

e) Interest from deposits in credit institutions;

f) Other legal financial sources outside the state budget.

Article 80. Expenditure content of the Forest Protection and Development Fund

1. Central fund

a) Coordinate the forest environmental service fees for the provincial fund; spend on executing authorized tasks according to other trust contracts from the funding source specified in Point a, Clause 1, Article 79 of this Decree;

b) Spend on reforestation due to the conversion of forest land to other purposes as prescribed from the funding source specified in Point b, Clause 1, Article 79 of this Decree;

c) Support for programs, projects, non-project activities from funding sources specified in points c, d, and đ, clause 1, Article 79 of this Decree, including: financial support to prevent illegal deforestation and the production, business, and transportation of forest products; propaganda, dissemination, and implementation of policies and laws on forest protection and development; experimentation and wide dissemination of forest protection and development models, sustainable forest management; experimentation and application of new forestry tree varieties; support for scattered tree planting; development of non-timber forest products on forest land; training human resources for forest protection and development at the provincial level and supporting other activities related to forest protection and development;

d) Financial support for the provincial-level fund from the funding sources specified in points c, d, and đ of Clause 1, Article 79 of this Decree;

d) Operational expenses of the Fund apparatus from the forest environmental service management fees in accordance with point a, clause 1, Article 70 of this Decree; from management funds under trust contracts, interest from deposits, and other lawful financial sources as prescribed by law. The content of spending and the level of operational expenses of the Fund apparatus shall be implemented in accordance with current regulations. In cases where the law does not specify the content or level of spending, based on financial capacity, the Fund shall develop the content and level of spending in internal expenditure regulations; decide on expenditures and be responsible before the law.

2. Provincial Fund

a) Payment for forest environmental services; expenditures for performing tasks under other entrusted contracts from the funds specified in point a, clause 2, Article 79 of this Decree;

b) Spending on reforestation to replace forests converted to other purposes according to regulations from the funding source specified in point b, clause 2, Article 79 of this Decree;

c) Spending to support programs, projects, and non-project activities from the funding sources specified in points c, d, and e, clause 2, Article 79 of this Decree, including: providing funding to prevent illegal logging, business, and transportation of forest products; propagating, disseminating, and implementing legal policies on forest protection and development; testing and widely disseminating models for forest protection and development, and sustainable forest management; testing and applying new forestry tree species; supporting scattered tree planting; developing non-timber forest products on forest land; training human resources for grassroots forest protection and development; and supporting other activities related to forest protection and development;

d) Operating expenses of the Fund's apparatus from the management fees for forest environmental services in accordance with Point a, Clause 2, Article 70 of this Decree; from management fees under entrusted contracts; interest from deposits; other lawful financial sources as prescribed by law. The content of expenses and the levels of the Fund's operating expenditures shall be carried out in accordance with current regulations. In cases where the law does not stipulate the content or levels of expenditures, based on financial capacity, the Fund shall develop the content and levels of expenditures in the internal expenditure regulations; decide on spending and bear responsibility before the law.

Article 81. Preparation of financial plans, financial reports, and final accounts.

1. Central fund

a) Annually, the Fund prepares a financial plan including: a revenue and expenditure plan for forest environmental service fees and other financial sources; the Fund's activity expenditure estimate is approved by the Fund Management Council and submitted to the Ministry of Agriculture and Rural Development for decision;

b) Annually, the Fund prepares financial statements and finalization reports in accordance with current financial accounting laws and submits them to the Ministry of Agriculture and Rural Development for approval.

2. Provincial Fund

a) Annually, the Fund prepares a financial plan including: a revenue and expenditure plan for forest environmental service fees and other financial sources; the Fund's activity expenditure estimate is approved by the Fund Management Council and submitted to the Provincial People's Committee for decision;

b) Annually, the Fund shall prepare financial statements and finalization reports in accordance with the current financial and accounting laws. The Department of Agriculture and Rural Development shall approve the finalization report for Funds under the Department; the Department of Finance shall approve the finalization report for Funds under the Provincial People's Committee.

3. The delegation of financial autonomy to the central Fund and provincial Funds shall be carried out in accordance with the Government's regulations on the autonomy mechanism of public service units in the economic and other service sectors and the guiding documents for implementation.

Article 82. Accounting, auditing, asset management, and financial disclosure regime

Forest Protection and Development Funds at all levels shall implement the accounting, auditing, asset management, and financial disclosure regime as follows:

1. Perform accounting work according to the administrative and non-business accounting regime to carry out accounting work.

2. Implement the management and use of assets in accordance with the provisions of the Law on Management and Use of Public Assets and guiding documents.

3. Encourage independent auditing of financial statements.

4. Conduct financial disclosure in accordance with current financial legislation; encourage independent evaluation of the implementation results of forest environmental service policies.

Section 8. MANAGEMENT OF PROGRAMS, PROJECTS, AND NON-PROJECT ACTIVITIES FUNDED BY THE SUPPORT FUND

Article 83. Methods and content of financial support

1. Provide full or partial non-refundable capital support to organizations, households, individuals, and community groups for the implementation of programs, projects, and non-project activities according to the contents specified in Clause 2 of this Article.

2. Contents eligible for support

a) The central fund supports activities specified in Point c, Clause 1, Article 80 of this Decree;

b) The provincial fund supports activities specified in point c, clause 2, Article 80 of this Decree.

Article 84. Approval of programs, projects, and non-project activities

1. Central fund

a) Before December 31 each year, organizations, households, individuals, and community residents in need of support shall send a written request for support, along with the program or project documents or non-project activities, either directly or via postal service to the Fund's Executive Board;

b) Before February 25 each year, the Fund's Executive Board shall preside, in coordination with relevant agencies, in organizing the appraisal, reporting to the Fund's Management Council for approval, and submitting to the Ministry of Agriculture and Rural Development for approval;

c) Within 03 working days after the Ministry of Agriculture and Rural Development's approval, the Fund Director shall notify the supported organizations, households, individuals, and community residents by postal service, to implement the activities.

2. Provincial Fund

a) Before December 31 each year, organizations, households, individuals, and community residents in need of support shall submit a request for support, accompanied by program or project documents or non-project activities, either directly or via postal services, to the Fund Management Board;

b) Before February 25 each year, the Fund Management Board shall take the lead and coordinate with the competent agencies to conduct appraisal, report to the Fund Management Council for approval, and submit to the provincial People's Committee for ratification;

c) Within 03 working days after the provincial People's Committee's approval, the Fund Director shall notify, via postal service, the organizations, households, individuals, and community residents to be supported in order to implement the support.

Article 85. Implementation of programs, projects, or non-project activities

1. Organizations, households, individuals, and community residents implement programs, projects, and non-project activities according to the decisions approved by the competent authority.

2. The establishment of a management board to organize the implementation is required by the competent authority.

Article 86. Inspection and evaluation of the implementation of programs, projects, or non-project activities

1. Central fund

a) The Fund's Executive Board directs implementation and inspects the implementation of programs, projects, or non-project activities supported by the central Fund periodically or unexpectedly;

b) When necessary, the Fund's Executive Board may hire consultants to inspect and evaluate the implementation of programs, projects, or non-project activities supported by the central Fund.

2. Provincial Fund

a) The Fund's Executive Board directs implementation and inspects the implementation of programs, projects, or non-project activities supported by the provincial Fund periodically or unexpectedly;

b) In necessary cases, the Fund's Executive Board may hire consultants to inspect and evaluate the implementation of programs, projects, or non-project activities supported by the provincial-level Fund.

Chapter VI. POLICY ON INVESTMENT FOR FOREST PROTECTION AND DEVELOPMENT

Article 87. Investment Policy

The State ensures investment budget for the following activities:

1. Protection and development of special-use forests and protection forests:

a) Management activities of forest management boards;

Amended and supplemented provisions:

b) Planting, tending, protecting, and nurturing forest regeneration;

Amended and supplemented provisions:

c) Inventory, monitoring, and supervision of forest resources and biodiversity; surveying, inventorying forests, and publishing forest status;

d) Management of forestry information and forest databases;

e) Collection of botanical and wildlife specimens from the forest;

f) Scientific research, training, human resource development, and forestry extension;

Amended and supplemented provisions:

g) Propagating, disseminating, and providing legal education on forest protection and development;

h) Inspect, prevent, combat, prevent, and handle violations of laws on forest protection and development;

i) Develop and implement sustainable forest management plans;

k) Allocate forests, and mark forest boundaries.

2. Protect and rescue endangered, precious, and rare forest plants and animals

a) Monitor, supervise, and organize the rescue of endangered, precious, and rare forest plants and animals;

b) Procure equipment for monitoring, rescuing, and protecting endangered, precious, and rare forest plants and animals;

c) Care for and nurture endangered, precious, and rare forest plants and animals.

3. Research, apply scientific research results, develop technology, and train human resources to serve state management in forestry

a) Application of high technology, advanced technology, and new technology in forest investigation, inventory, monitoring of forest changes; forest fire prevention and fighting; prevention and control of forest pests; selection, creation, and propagation of timber trees and non-timber forest products; forest restoration, improvement of natural forest quality;

b) Research and conservation of forest ecosystems, forest valuation, determination of forest environmental service values;

c) Research on biodiversity conservation solutions for forest ecosystems, responding to climate change;

d) Development and improvement of the system of standards, regulations, and technical guidelines on forestry.

4. Development of research and development zones, high-tech zones

a) Plant propagation using tissue culture and somatic embryogenesis technology; creation of new varieties using gene transfer technology, gene mutation technology, cell technology, and molecular genetics technology;

b) Research, develop, and apply mechanization, automation, biotechnology, use of new materials, and energy-saving methods in the production of industrial-scale seedlings, planting, and forest care;

Amended and supplemented provisions:

c) Research and apply remote sensing technology, information technology, and biotechnology in managing and protecting forest resources;

d) Research and apply high technology in timber and forest product harvesting;

d) Research, apply, and demonstrate high technology in processing and preserving timber and forest products.

Amended and supplemented provisions:

5. Purchase of means, equipment, and devices: forest protection; monitoring and warning of forest fire risks; prevention and control of forest pests.

Amended and supplemented provisions:

6. Construction, maintenance, upkeep, upgrade, and renovation of infrastructure serving the protection and development of special-use forests and protection forests.

a) Roads measured from existing roads to the Forest Management Board office; forestry roads: roads for extraction and transportation within the boundary of the Forest Management Board; forest patrol roads;

b) Work offices, official housing for temporary staff, forest protection stations; wildlife rescue centers combined with grazing areas; environmental education centers combined with guesthouses; forest animal and plant museums; facilities serving scientific research;

c) Firebreak roads, forest fire lookout towers, observation stations, forest fire forecasting stations; canals, bridges, culverts, tanks, water reservoirs, dams, and pipelines serving forest fire prevention and fighting;

d) Signboards, warning signs, boundary markers of forest areas;

d) Warehouses, yards for gathering raw materials, tools, and equipment serving forest protection and development tasks; piers and boats for office locations or forest protection stations located near rivers or the sea;

e) Independent electricity systems (solar power, wind power, small hydropower, ...) in cases where the forest management office or forest protection station does not have access to the national grid; communication systems;

g) Other works serving forest management and protection.

7. National forestry planning, basic forestry surveys, and the development of programs and projects for forestry development.

Amended and supplemented provisions:

8. Surveying, inventorying, monitoring changes, and maintaining forest databases.

9. Protecting and developing production forests that are natural forests during forest closure periods.

10. Maintaining and developing seed forests and national botanical gardens according to plans approved by competent state authorities.

11. The subjects, investment levels, and investment procedures are specifically regulated by the Government in each period based on the ability to balance the budget and the socio-economic development situation of the country.

Article 88. Investment support policy

The state budget supports investment for the following activities:

1. Transfer of high technology, advanced technology, new technology, forest promotion, and issuance of sustainable forest management certificates

a) Application of high technology, advanced technology, new technology in: intensive cultivation of plantation forests providing large timber, planting native trees, mixed-species forest planting; modernization of the production process of forest plant seedlings, planting, care, protection, and harvesting of forests; harvesting, transporting, processing, and preserving forest products; supporting industries in forest product processing;

b) Research on innovating the forestry production organization model according to the value chain, associated with sustainable forest development; develop models of integrated forestry, agriculture, and fisheries production;

c) Transfer technology and research results in the forestry sector into production, business, and forest management;

d) Train, experiment, transfer, and operate high technology, advanced technology, new technology, and forestry extension activities;

đ) Develop plans and implement sustainable forest management and the certification of production forests.

2. Develop infrastructure linked to investment, development, and production forest business along the value chain

a) Establish a high-quality forest tree seed production center, forest tree nurseries;

b) Build forestry roads in production forest areas with a concentrated scale of 500 ha or more;

c) Construct forest protection works (fire watch towers, signboards, firebreaks) in production forests with a concentrated scale of 500 hectares or more;

d) Support investment in construction and transportation costs for wood processing factories of planted forests in economically and socially difficult areas.

Amended and supplemented provisions:

3. Cooperation and linkage in protecting and developing forests of ethnic minority communities, local communities associated with socio-economic development programs, and new rural construction

a) Plant production forests and develop non-timber forest products for farmers in mountainous areas, borderlands, islands, and economically and socially particularly difficult areas;

Amended and supplemented provisions:

b) Protect forests and enclose regeneration areas with supplementary planting for production forests that are natural forests for households in mountainous areas, borderlands, islands, and economically and socially particularly difficult areas;

c) Support the development of livelihoods, improving the living standards of people in the buffer zones of special-use forests and protection forests;

d) Ethnic minority households and poor households in particularly difficult socio-economic areas participating in production forest planting can borrow capital from the Vietnam Bank for Social Policies according to current regulations;

Amended and supplemented provisions:

đ) Provide rice support to ethnic minority households and poor households in particularly difficult socio-economic areas to change shifting cultivation practices and implement reforestation to replace swidden fields.

4. Training, fostering, and developing human resources for forest owners

a) Production and business of seedlings;

b) Planting, caring for, and protecting forests;

c) Harvesting, processing, and trading forest products;

d) Applying remote sensing technology and information technology in the management, protection, and monitoring of forest changes;

đ) Forest fire prevention and fighting; pest and disease control in forests.

5. Promote investment, develop markets, and trade in forestry activities; expand and strengthen international cooperation in forestry.

a) Activities to promote investment, develop markets, and trade products;

b) Expand and strengthen international cooperation in forestry.

6. Subjects, levels of support, and procedures for investment support are specifically regulated by the Government in each period.

Article 89. Investment incentive policy

1. The State provides investment incentives for activities prescribed in Clause 3, Article 94 of the Forestry Law.

2. Other investment activities enjoy incentives as prescribed by the Investment Law and the Public Investment Law.

3. Subjects, content, principles, and procedures for specific investment incentives are carried out in accordance with legal provisions on investment and investment incentives.

Chapter VII. IMPLEMENTATION PROVISIONS

Article 90. Effectiveness

1. This decree takes effect from January 1, 2019.

2. Repeal the legal normative documents listed in Appendix I attached to this decree.

Article 91. Transitional Provisions

1. Programs, projects, and activities for forest protection and development, processing and trading of forest products that are invested in, supported for investment, and given investment incentives by the State under current policies shall continue to be implemented until the Government or the Prime Minister promulgates a new policy, including:

Amended Clause

a) Policies ensuring that ethnic minority people and communities living in forest-dependent areas are implemented in accordance with the provisions of Decree No. 75/2015/NĐ-CP dated September 9, 2015, of the Government on policies for forest protection and development associated with sustainable poverty reduction and support for ethnic minorities;

b) Contracting the protection and development of forests to households, individuals, and residential communities in accordance with the provisions of Decree No. 168/2016/NĐ-CP dated December 27, 2016 of the Government on the contracting of forests, orchards, and water surface areas within the Management Boards of special-use forests, protection forests, and State one-member limited liability agro-forestry companies;

c) Policies for the development of forest product processing and the forest product market are implemented according to the provisions of Decree No. 55/2015/NĐ-CP dated June 9, 2015 of the Government on credit policies for agricultural and rural development; Decree No. 57/2018/NĐ-CP dated April 17, 2018 of the Government on policies to encourage enterprises to invest in agriculture and rural areas;

Amended Clause

d) Policy on investment in the development of special-use forests for the period 2011 - 2020 according to Decision No. 24/2012/QĐ-TTg dated June 1, 2012, of the Prime Minister on the policy of investment in the development of special-use forests for the period 2011 - 2020;

Amended Clause

d) Policy on strengthening forest protection implemented according to Decision No. 07/2012/QĐ-TTg dated February 8, 2012, of the Prime Minister, except for Clauses 2, 3, 4, and 5 of Article 3 of this Decision;

Amended Clause

e) Policy on the protection, development of forests and investment in infrastructure, and assignment of public service tasks to agro-forestry companies implemented according to Decision No. 38/2016/QĐ-TTg dated September 14, 2016, of the Prime Minister;

Amended Clause

g) Policy on the management, protection, and sustainable development of coastal forests to respond to climate change implemented according to Decree No. 119/2016/NĐ-CP dated August 23, 2016, of the Government;

Amended Clause

h) For the natural forest areas of forestry companies, the state budget provides financial support for protection when the forest is closed. The support level applies in accordance with the provisions at Clause 3, Article 6 of Decision No. 38/2016/QĐ-TTg dated September 14, 2016, of the Prime Minister, promulgating certain policies on forest protection, development, infrastructure investment, and assignment of public service obligations for agricultural and forestry companies;

i) When the State issues policies replacing the policies stipulated in this clause, those policies shall be applied.

2. Special-use forest areas that have been established by competent state authorities, including marine conservation components and inland wetland areas, shall continue to be managed by the Management Board of that special-use forest for the marine conservation components and inland wetland areas without having to establish a new Marine Conservation Management Board or a new Inland Wetland Conservation Management Board.

3. For commune-level Funds that have been established in accordance with the provisions of Decree No. 05/2008/NĐ-CP dated January 14, 2008 of the Government on the Forest Protection and Development Fund, they shall continue to operate, complete settlement, liquidation, and dissolution in 2019.

Article 92. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of the People's Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

APPENDIX I

LIST OF LEGAL DOCUMENTS REPEALED

(Attached to Government Decree No. 156/2018/NĐ-CP dated November 16, 2018)