07:46 | 23/07/2024

Expenditure Levels for Forces and Individuals Participating in Forest Firefighting Applicable from July 15, 2024, According to Decree 58

Expense levels for forest fire fighting forces and participants applicable from July 15, 2024, according to Decree 58.

Expenditure for Forces and Individuals Participating in Forest Firefighting Applicable from July 15, 2024, as per Decree 58

On May 24, 2024, the Government of Vietnam issued Decree 58/2024/ND-CP on certain investment policies in forestry.

In Clause 2, Article 20 of Decree 58/2024/ND-CP, the expenditure guidelines for forest firefighting are as follows:

- Meal allowances for forces and individuals participating in forest firefighting (including both salaried and non-salaried individuals from the state budget) under orders of mobilization from authorized persons are capped at 0.4 times the regional minimum wage per meal.

- Individuals mobilized to directly fight forest fires or assist with firefighting under mobilization orders are entitled to policies according to the provisions in Article 34 of Decree 136/2020/ND-CP dated November 24, 2020, of the Government of Vietnam detailing the implementation of certain articles and enforcement measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Articles of the Law on Fire Prevention and Fighting.

Forest firefighting time is counted from when the participants receive the mobilization order until the fire is extinguished and the cessation notification is issued by the authorized authority.

When firefighting away from the residential area with no conditions for daily commuting, provision for accommodation, transport means, travel expenses, or one-time round-trip fare payment per the Ministry of Finance's policy; meal support as per the regulations by the provincial People's Committee.

- Expenditures for purchasing drinking water for firefighting participants, fuel (gasoline, oil), repairs, and compensation for damages when vehicles and equipment are mobilized or rented for forest firefighting. Vehicles and equipment of private owners (excluding forest owners) mobilized for firefighting are reimbursed for fuel costs, repairs, or compensated for damages if damaged, according to current regulations.

Accordingly, the funding source is specified in Clause 3, Article 20 of Decree 58/2024/ND-CP as follows:

- Funds for the expenses stipulated in points a, b, and c of Clause 2, Article 20 of Decree 58/2024/ND-CP are sourced from state budget contingency funds as per the 2015 State Budget Law, the 2013 Law on Natural Disaster Prevention and Control, and other legal financial sources according to jurisdiction.

- Based on forest firefighting activities and policies, provincial, district, and communal People's Committees decide to allocate funds from local budgets and other legal financial sources to meet the funding needs for forest firefighting beyond the approved annual expenditure estimates.

- Based on forest firefighting activities and policies, ministries and central authorities decide to allocate funds from ministerial budgets and other legal financial sources to meet forest firefighting funding needs for forest areas managed by ministries and central authorities and for entities mobilized for forest firefighting beyond the approved annual expenditure estimates.

Expenditure for Forces and Individuals Participating in Forest Firefighting Applicable from July 15, 2024, as per Decree 58

Expenditure for forces and individuals participating in forest firefighting applicable from July 15, 2024, as per Decree 58 (Image from the Internet)

How is Forest Fire Prevention and Fighting Conducted?

Article 39 of the 2017 Forestry Law provides guidance on forest fire prevention and fighting as follows:

- Forest owners must develop and implement forest fire prevention and fighting plans and comply with guidance and inspections from competent state agencies.

- Any use of fire in or near forests for land clearing, preparing fields, planting trees, burning before the dry season, or for any other purpose requires the user to implement forest fire prevention and fighting measures.

- Organizations, households, and individuals conducting activities in forests or constructing projects in or near forests must comply with forest fire prevention and fighting regulations and the forest owner's prevention and fighting measures.

- In case of a forest fire, forest owners must promptly tackle it, immediately notify relevant agencies and organizations, remedy the post-fire consequences, and report to competent state agencies. Relevant agencies and individuals must promptly coordinate in firefighting efforts.

- If a forest fire spreads extensively, posing a disaster threat leading to an emergency state, firefighting must follow emergency laws.

- Forest Rangers, in coordination with the police force for fire prevention and fighting and rescue, guide forest owners in developing forest fire prevention and fighting plans.

When Does Decree 58/2024/ND-CP Take Effect?

Article 37 of Decree 58/2024/ND-CP stipulates the effective date as follows:

Effective Date

1. This Decree is effective from July 15, 2024.

2. The following documents expire from the effective date of this Decree:

a) Points a, d, dd, e, g, and h, Clause 1, Article 91 of Decree 156/2018/ND-CP dated November 16, 2018, of the Government of Vietnam detailing the implementation of certain articles of the Forestry Law;

...

According to the above provisions, Decree 58/2024/ND-CP comes into effect on July 15, 2024.

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